CELEX: C2002/109/106
Language: en
Date: 2002-05-04 00:00:00
Title: Case T-31/02: Action brought on 15 February 2002 by Japan Tobacco, Inc. and JT International S.A. against the Commission of the European Communities

4.5.2002              EN                      Official Journal of the European Communities                                         C 109/55
The applicant claims that the Court of First Instance should:            The applicant claims that the Court should:
—     Annul the defendant’s decision of 11 June 2001 to reset            —     annul the decisions taken by the Commission in relation
      at zero the applicant’s tally of promotion points after his              to commencing proceedings before the United States
      promotion in 2000;                                                       District Court for the Eastern District of New York, with
                                                                               Docket Number CV-02-0164, on 9 January 2002, in the
                                                                               name of the European Community against the applicants;
—     Order the defendant to pay the costs.
                                                                         —     order that the Commission pay the costs of the present
                                                                               proceedings, including those of the applicants and any
                                                                               intervening parties.
Pleas in law and main arguments
                                                                         Pleas in law and main arguments
The applicant objects to the decision of the European Parlia-
ment to reset at zero the applicant’s stock of promotion points
following his promotion in 2000, thereby preventing the
                                                                         The applicants are the defendants in legal proceedings brought
applicant from carrying over to his new grade the promotion
                                                                         by the European Commission before a United States Court, in
points that he acquired over and above the relevant threshold
                                                                         which it is seeking damages in respect of allegedly unpaid
for promotion.
                                                                         customs duties and VAT, and relief in respect to other
                                                                         economic and non-economic injuries arising therefrom. The
                                                                         payment of these customs duties and VAT has allegedly been
The resetting at zero is the result of a transitional scheme prior       avoided by the smuggling of cigarettes into the European
to the implementation of a new promotion system in the                   Union. This is the third time that the European Commission
European Parliament. Under that transitional scheme the tally            has commenced such proceedings (1). In the current proceed-
of promotion points is automatically reset at zero following             ings, the Commission is also acting as agent for Member States
a promotion, whereas the definitive scheme provides that                 in the recovery of these taxes allegedly owed to them.
promotion points acquired over and above the relevant
threshold are carried over to the new grade.
                                                                         The grounds and arguments are similar to those arising in Case
                                                                         T-260/01 (2).
According to the applicant, the contested decision infringes
Article 45 of the Staff Regulations as well as the principle
prohibiting discrimination.                                              (1) The decision to commence the first proceedings is being contested
                                                                             in Case T-379/00 (OJ C 79 of 10..3.2001) and the decision to
                                                                             commence the second proceedings in Cases T-260/01 and
                                                                             T-272/01 (OJ C 3 of 5.1.2002, p. 39 and p. 45).
                                                                         (2) OJ C 3 of 5.1.2002, p. 39.
Action brought on 15 February 2002 by Japan Tobacco,
Inc. and JT International S.A. against the Commission of
                 the European Communities                                Action brought on 14 February 2002 by José Cuenda
                                                                             Guijarro against the Council of the European Union
                         (Case T-31/02)
                                                                                                   (Case T-32/02)
                       (2002/C 109/106)
                                                                                                 (2002/C 109/107)
                  (Language of the case: English)
                                                                                             (Language of the case: French)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               An action against the Council of the European Union was
European Communities on 15 February 2002 by Japan                        brought before the Court of First Instance of the European
Tobacco, Inc. and JT International S.A., represented by                  Communities on 14 February 2002 by José Cuenda Guijarro,
Mr Onno W. Brouwer and Mr Paul Lomas of Freshfields                      residing in Brussels, represented by Jean-Noël Louis, lawyer,
Bruckhaus Deringer, London (United Kingdom).                             with an address for service in Luxembourg.