ECLI:EU:T:2003:251

«(Action for annulment – Common Customs Tariff – Tariff headings – Game console – Classification in the Combined Nomenclature)» Summary of the Judgment 1.. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Customs classification regulation – Applicant directly concerned – Criteria (Art. 230, fourth para., EC; Council Regulation No 2658/87, Art. 9(1)(a), first indent) 2.. Common Customs Tariff – Tariff headings – Classification of goods – Commission's regulatory power – Scope – Limits (Council Regulation No 2658/87, Art. 9(1)(a), (b), (d) and (e)) 3.. Common Customs Tariff – Tariff headings – Classification of goods – Criteria – Objective characteristics and properties of the product 4.. Common Customs Tariff – Tariff headings – Reliance on the World Customs Organisation's Harmonised System Explanatory Notes – Limits 5.. Common Customs Tariff – Tariff headings – Video games of a kind used with a television receiver within the meaning of subheading No 9504 10 00 of the Combined Nomenclature – Game console intended to be used mainly for playing video games – Covered (Commission Regulation No 1400/2001) 6.. Acts of the institutions – Statement of reasons – Obligation – Scope – Customs classification regulation – Insufficient to refer to a general rule of interpretation (Art. 253 EC) 7.. Common Customs Tariff – Tariff headings – Video games of a kind used with a television receiver within the meaning of subheading No 9504 10 00 of the Combined Nomenclature – Inclusion by the Commission of a game console, having regard to the function which gives it its essential character – Classification on the basis of General Interpretation Rule 3(b) of the Combined Nomenclature – Inadmissible (Commission Regulation No 1400/2001) JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber)30 September 2003 (1) ((Action for annulment – Common Customs Tariff – Tariff headings – Game console – Classification in the Combined Nomenclature)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Third Chamber), having regard to the written procedure and further to the hearing on 13 February 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Third Chamber) Lenaerts Azizi Jaeger H. Jung K. Lenaerts Registrar President 1 – Language of the case: English.