CELEX: C2003/289/43
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court of First Instance of 30 September 2003 in Case T-243/01: Sony Computer Entertainment Europe Ltd v Commission of the European Communities (Action for annulment — Common Customs Tariff — Tariff headings — Game console ﾔ Classification in the Combined Nomenclature)

C 289/20                EN                          Official Journal of the European Union                                             29.11.2003
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  of 10 September 2003
                       of 18 September 2003
                                                                            in Case T-165/01 Hans McAuley v Council of the Euro-
                                                                                                       pean Union (1)
in Case T-73/01: Spyridon de Athanassios Pappas v                           (Staff report — Guide to staff reports — Change of assessor
    Committee of the Regions of the European Union (1)                      during the period covered by the report — Substantial
                                                                                                        irregularities)
(Officials — Recruitment — Post of Secretary General                                                  (2003/C 289/42)
of the Committee of the Regions — Vacancy notice —
                       Recruitment procedure)                                                   (Language of the case: French)
                          (2003/C 289/41)                                   In Case T-165/01: Hans McAuley, an official of the Council of
                                                                            the European Union, residing in Brussels, represented by J.-
                                                                            N. Louis and S. Orlandi, lawyers, with an address for service in
                                                                            Luxembourg, against Council of the European Union (Agents:
                     (Language of the case: French)                         F. Anton and A. Pillette) — application for annulment of the
                                                                            Council’s decision of 15 September 2000 drawing up the
                                                                            applicant’s final staff report for the period 1 July 1997 to
                                                                            30 June 1999 — the Court of First Instance (Fourth Chamber),
                                                                            composed of V. Tiili, President, P. Mengozzi and M. Vilaras,
                                                                            Judges; I. Natsinas, Registrar, has given a judgment on 10 Sep-
In Case T-73/01, Spyridon de Athanassios Pappas, former                     tember 2003, in which it:
official of the Commission of the European Communities,
residing in Brussels (Belgium), represented by M.-A. Lucas,                 1.    Annuls the Council’s decision of 15 September 2000 drawing
lawyer, v Committee of the Regions of the European Union,                         up the applicant’s final staff report for the period 1 July 1997
(Agents: P. Cervilla and D. Waelbroeck) — application for                         to 30 June 1999;
annulment of the decision of the Committee of the Regions of
13 June 2000 appointing Mr Vincenzo Falcone to the post of                  2.    Orders the Council to pay the costs.
Secretary General of the Committee of the Regions (Recruit-
ment notice 2000/C 28 A/01) and rejecting the applicant’s                   (1) OJ C 289 of 13 October 2001.
candidature for that post, and of the decision rejecting the
applicant’s complaint, — the Court of First Instance (Third
Chamber), composed of K. Lenaerts, President of the Chamber,
J. Azizi and M. Jaeger, Judges; Registrar: D. Christensen,
Administrator, delivered a judgment on 18 September 2003,
the operative part of which is as follows:
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  of 30 September 2003
1.    The decision of the Committee of the Regions of 13 June 2000
      appointing Mr Vincenzo Falcone to the post of Secretary               in Case T-243/01: Sony Computer Entertainment Europe
      General of the Committee of the Regions (Recruitment notice               Ltd v Commission of the European Communities (1)
      2000/C 28 A/01) and rejecting the candidature of Mr Pappas
      for that post is annulled.                                            (Action for annulment — Common Customs Tariff — Tariff
                                                                            headings — Game console — Classification in the Combined
                                                                                                       Nomenclature)
2.    The Committee of the Regions shall pay the costs.
                                                                                                      (2003/C 289/43)
(1) OJ 2001 C 161 of 2.6.01.                                                                   (Language of the case: English)
                                                                            In Case T-243/01, Sony Computer Entertainment Europe Ltd,
                                                                            established in London (United Kingdom), represented by P. De
 ---pagebreak--- 29.11.2003                EN                          Official Journal of the European Union                                            C 289/21
Baere, lawyer, with an address for service in Luxembourg, v                   1.    Annuls the decision adopting the decision adopting the appli-
Commission of the European Communities (Agent: R. Wain-                             cant’s definitive staff report for the period 1 July 1995 to
wright): Application for annulment of Commission Regulation                         30 June 1997.
(EC) No 1400/2001 of 10 July 2001 concerning the classifi-
cation of certain goods in the Combined Nomenclature (OJ                      2.    Orders the Commission to pay the applicant EUR 1 500 by
2001 L 189, p. 5); corrigendum published in the German,                             way of compensation for non-material damages.
English, Finnish, Portuguese and Swedish editions (OJ 2001
L 191, p. 49), the Court of First Instance (Third Chamber),
composed of: K. Lenaerts, President, J. Azizi and M. Jaeger,                  3.    Orders the Commission to pay the costs.
Judges; J. Plingers, Administrator, for the Registrar, has given a
judgment on 30 September 2003, in which it:
                                                                              (1) OJ 2002 C 56 of 2.3.02.
1.    Annuls Commission Regulation (EC) No 1400/2001 of
      10 July 2001 concerning the classification of certain goods in
      the Combined Nomenclature (OJ 2001 L 189, p. 5) in so far
      as it classifies the console described in column 1 of the table in
      the Annex to that regulation under CN Code 9504 10 00 and
      the accompanying CD-ROM under CN Code 8524 39 90;
2.    Dismisses the request for production of the defendant’s legal
      opinion;                                                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
3.    Orders the defendant to pay all the costs.
                                                                                                     of 30 September 2003
(1) OJ C 3 of 5.1.2002.
                                                                              in Case T-214/02, María-Angeles Martínez Valls v Euro-
                                                                                                       pean Parliament (1)
                                                                              (Community officials — Competition — Non-admission to
                                                                                             oral tests — Access to documents)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                        (2003/C 289/45)
                        of 30 September 2003
                                                                                                   (Language of the case: French)
in Case T-296/01, Antonio Tatti v Commission of the
                     European Communities (1)
(Community officials — Staff report — Tardiness —                             In Case T-214/02, María-Angeles Martínez Valls, residing in
Irregularities in reporting procedure — Action for annul-                     Brussels (Belgium), represented by Georges Vandersanden and
                    ment — Action for damages)                                L. Levi, lawyers, against the European Parliament (Agents:
                                                                              H. von Hertzen and D. Moore) — application, first, for
                                                                              annulment of the letters of 3 April and 31 May 2002 by which
                            (2003/C 289/44)                                   the Selection Board found that the applicant had obtained
                                                                              insufficient marks in the written tests in competition PE/90/A
                      (Language of the case: French)                          and, with respect to the letter of 31 May 2002, by which the
                                                                              Selection Board rejected the applicant’s request seeking access
                                                                              to certain documents and, second, for compensation for the
                                                                              loss suffered as a result of those letters, the Court of First
In Case T-296/01, Antonio Tatti, official of the Commission                   Instance (Fifth Chamber), composed of R. García-Valdecasas,
of the European Communities, residing in Overijse (Belgium),                  President, and P. Lindh and J.D. Cooke, Judges, I. Natsinas,
represented by L. Vogel, lawyer, with an address for service                  Administrator for the Registrar, has given a judgment on
in Luxembourg, against the Commission of the European                         30 September 2003, in which it:
Communities (Agent: C. Berardis-Kayser), application, first, for
annulment of the decision adopting the applicant’s definitive
staff report for the period 1 July 1995 to 30 June 1997 and,                  1.    Holds that there is no need to rule on the application for
second, for damages, the Court of First Instance (Fourth                            annulment of the letter of 31 May 2002 in so far as it rejects
Chamber), composed of V. Tiili, President, and P. Mengozzi                          the request for access to documents.
and M. Vilaras, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 30 September 2003, in                      2.    Orders the Parliament to pay the applicant EUR 1 by way of
which it:                                                                           damages for non-material damage.