CELEX: C2002/003/62
Language: en
Date: 2002-01-05 00:00:00
Title: Case T-249/01: Action brought on 9 October 2001 by Marc Boixader Rivas against European Parliament

C 3/36                    EN                    Official Journal of the European Communities                                     5.1.2002
Pleas in law and main arguments                                            The applicant claims that the Court should:
                                                                           —     annul the decision of the Selection Board not to admit
The applicant, a company incorporated in the United Kingdom,                     him to Competition PE/90/A
is the only importer of the PlayStation®2 Computer Entertain-
ment System, models number SCPH-30003 and SCPH-30004.
The applicant was also the holder of Binding Tariff Information
GB 105 614 503 classifying the product under CN Code
                                                                           Pleas in law and main arguments
8471 49 90, until it was revoked as a result of the adoption of
the contested Regulation.
                                                                           The applicant, who is a qualified Ingeniero Técnico (technical
                                                                           engineer) in Spain, applied for general competition PE/90/A,
The applicant submits that the contested act is not a true
                                                                           for the drawing up of a reserve list for the recruitment of
regulation but a decision addressed to it. No other product
                                                                           assistant administrators of Spanish mother tongue at Grade
than that imported by the applicant will precisely meet the
                                                                           A 8 (1). By letter of 27 June 2001, the chairperson of the
specifications in the contested decision.
                                                                           selection board informed him that he had not been admitted
                                                                           to the competition because he did not have sufficient know-
                                                                           ledge of two European Union languages and because he had
The applicant alleges that the PlayStation®2 should be classified          not completed a course of University studies evidenced by a
under Heading 8471. The product satisfies the four criteria as             degree. The applicant contests that decision and challenges the
defined by Notes 5(A) to Chapter 84 of the Common Customs                  lawfulness both of the competition notice and of the guide for
Tariff. By classifying the product under CN code 9504 10 00,               candidates taking part in interinstitutional competitions (2),
the contested act violates Council Regulation (EEC)                        inasmuch as the requirement is for possession of a Spanish
No. 2658/87 (2) and the wording of the Harmonised System                   honours degree (‘licenciado’), whereas a qualification which is
Explanatory Note (b) to Heading 9504. Furthermore, it incor-               equivalent to a three year degree, such as Ingenierı́a Técnica
rectly applies General Rule 3 (b) of the General rules for the             (technical engineering), is not accepted.
interpretation of the Combined Nomenclature by determining
the essential character solely on the basis of the functions of
the PlayStation®2 rather than on the basis of the materials or
                                                                           The pleas in law and main arguments are similar to those
components in which these functions must be inherent.
                                                                           relied upon in Case T-208/00 (3).
Finally, the contested Regulation violates Article 253 of the EC
Treaty.
(1) Commission Regulation (EC) No 1400/2001 of 10 July 2001
    concerning the classification of certain goods in the Combined
    Nomenclature (OJ L 189, p. 5).                                         (1) OJ 2000 C 162, p. 10.
(2) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the             (2) OJ 2000 C 162, p. 1.
    tariff and statistical nomenclature and on the Common Customs          (3) OJ 2000 C 316, p. 26.
    Tariff (OJ L 256, p. 1).
                                                                           Action brought on 10 October 2001 by Dresdner Bank
Action brought on 9 October 2001 by Marc Boixader                            AG against Commission of the European Communities
               Rivas against European Parliament
                                                                                                    (Case T-250/01)
                            (Case T-249/01)
                                                                                                     (2002/C 3/63)
                             (2002/C 3/62)
                                                                                             (Language of the case: German)
                     (Language of the case: Spanish)
                                                                           An action against the Commission of the European Communi-
An action against the European Parliament was brought before               ties was brought before the Court of First Instance of the
the Court of First Instance of the European Communities on                 European Communities on 10 October 2001 by Dresdner
9 October 2001 by Marc Boixader Rivas, residing in Fuenlabra-              Bank AG, whose registered office is at Frankfurt am Main,
da (Madrid), represented by Diego López Garrido, lawyer.                  represented by M. Hirsch and W. Bosch, lawyers.