But is it art?

Mark Inglefield of Blain/Southern sent me the following statement in regard to the EU decision to label Dan Flavin's work as (merely?) electrical fittings:

"We were grateful for the clarification given in the British courts two years ago on the treatment of these types of artworks coming into the UK. The new EU ruling is clearly at odds with this and merits further enquiry. We will be seeking the advice of the various trade bodies to see what can be done."

It does beg the question; what qualifications do the EU inspectors hold that validates their opinion as to what is/isn't art? To take this one step further, what gives the art critic this right also?