CELEX: C1997/357/20
Language: en
Date: 1997-11-22 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 16 October 1997 in Case C-304/96 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale della Liguria): Hera SpA v. Unità Sanitaria Locale No 3 - Genovese (USL) and Impresa Romagnoli SpA (Directive 93/37/EEC - Public procurement - Abnormally low tenders)

22 . 11 . 97             EN                   Official Journal of the .European Communities                                     C 357/ 11
     only that it recognizes the rights of doctors established            The anti-dumping duties imposed pursuant to Article 1 of
     in practice there, under Council Directive 75/362/EEC                Commission Decision No 2131 /88/ECSC of 18 July 1988
     of 16 June 1975 concerning the mutual recognition of                 — imposing a definitive anti-dumping duty on imports of
     diplomas, certificates and other evidence of formal                  certain sheets and plates, of iron or steel, originating in
     qualifications in medicine, including measures to                    Yugoslavia and definitively collecting the provisional anti­
     facilitate the effective exercise of the right of                    dumping duty imposed on those imports — on imports of
     establishment and freedom to provide services, before                certain steel products 'originating in Yugoslavia ' also
     1 January 1995 to practise general medicine under its                apply to products of that kind manufactured by a
     national social security scheme, even if they have no                producer/exporter who had been established in the
     specific training in general medical practice and have               Socialist Federal Republic of Yugoslavia, but was in fact
     not established a service relationship with that State 's            — by reason of the Former Yugoslav Republic of
     social security scheme.                                              Macedonia 's declaration of independence — situated in
                                                                          the FYROM at the time when the products in question
                                                                          were imported.
(') OJ C 145 , 18 . 5 . 1996 .
                                                                          (>) OJ C 233 , 10 . 8 . 1996 .
               JUDGMENT OF THE COURT
                           ( Sixth Chamber)                                              JUDGMENT OF THE COURT
                         of 16 October 1997                                                         (Fourth Chamber)
                                                                                                   of 16 October 1997
in Case C- 177/96 ( reference for a preliminary ruling from
the Rechtbank van Eerste Aanleg te Antwerpen): Belgian                    in Case C-304/96 (reference for a preliminary ruling from
State v. Banque Indosuez and Others and European                          the Tribunale Amministrativo Regionale della Liguria):
                             Community (')                                Hera SpA v. Unità Sanitaria Locale No 3 — Genovese
                                                                                     ( USL ) and Impresa Romagnoli SpA (*)
(Dumping — Sheets or plates, of iron or steel, originating
in Yugoslavia — Declaration of independence of the                        (Directive     93/37/EEC — Public procurement                —
Former Yugoslav Republic of Macedonia — Legal                                                  Abnormally low tenders)
                                certainty)
                                                                                                      ( 97/C 357/20 )
                             ( 97/C 357/ 19 )
                                                                                          (Language of the case: Italian)
                 (Language of the case: Dutch)
                                                                            (Provisional translation; the definitive translation will be
                                                                                   published in the European Court Reports)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                          In Case C-304/96 : reference to the Court under Article 177
                                                                          of the EC Treaty from the Tribunale Amministrativo
In Case C- 177/96 : reference to the Court under Article 177              Regionale ( Regional Administrative Court), Liguria ( Italy ),
of the EC Treaty from the Rechtbank van Eerste Aanleg                     for a preliminary ruling in the proceedings pending before
( Court of First Instance ), Antwerp ( Belgium ), for a                   that court between Hera SpA and Unita Sanitaria Locale
preliminary ruling in the proceedings pending before that                 No 3 — Genovese ( USL ) and Impresa Romagnoli SpA —
court between Belgian State and Banque Indosuez and                       on the interpretation of Article 30 (4 ) of Council Directive
Others and European Community — on the interpretation                     93/37/EEC of 14 June 1993 concerning the coordination
of Commission Decision No 2131/88/ECSC of 18 July                         of procedures for the award of public works contracts ( OJ
1988 imposing a definitive anti-dumping duty on imports                   L 199, 9 . 8 . 1983 , p. 54 ) — the Court ( Fourth Chamber),
of certain sheets and plates, of iron or steel, originating in            composed of: H. Ragnemalm ( Rapporteur), President of
Yugoslavia and definitively collecting the provisional anti­              the Chamber, P. J. G. Kapteyn and J. L. Murray, Judges;
dumping duty imposed on those imports ( OJ L 188 , 19 . 7.                C. O. Lenz, Advocate-General; R. Grass, Registrar, has
1988 , p. 14 ) — the Court ( Sixth Chamber ), composed of:                given a judgment on 16 October 1997, in which it has
                                                                          ruled :
H. Ragnemalm, President of the Chamber, R. Schintgen,
G. F. Mancini, P. J. G. Kapteyn ( Rapporteur ) and G.
Hirsch, Judges; F. G. Jacobs, Advocate-General; R. Grass,
Registrar, has given a judgment on 16 October 1997, in                    Article 30 (4) of Council Directive 93/37/EEC of 14 June
which it has ruled :                                                      1993 concerning the coordination of procedures for the
 ---pagebreak--- C 357/12                 EN                  Official Journal of the European Communities                                  22 . 11 . 97
award of public works contracts must be interpreted as                  1 . The appeal is dismissed.
precluding contracting authorities from rejecting
abnormally low tenders after 31 December 1992 without
following the verification procedure provided for in the                2 . The applicants are ordered to pay the costs.
first subparagraph of that provision.
                                                                        (') OJ C 108 , 5 . 4 . 1997.
(') OJ C 336 , 9 . 11 . 1996 .
                                                                        Appeal brought on 15 September 1997 by Smanor SA,
                                                                        Hubert Ségaud and Monique Ségaud against the order
                                                                        made on 3 July 1997 by the Second Chamber of the Court
                                                                        of First Instance of the European Communities in Case
                    ORDER OF THE COURT
                                                                        T-201/96 between, on the one hand, Smanor SA, Hubert
                           ( First Chamber)                             Ségaud and Monique Ségaud and, on the other,
                                                                                     Commission of the European Communities
                         of 6 October 1997                                                         ( Case C-3 17/97 P )
in Case C-55 /97 P: Association Internationale des Utilisa­                                            ( 97/C 357/22 )
teurs de Fils de Filaments Artificiels et Synthétiques et de
Soie Naturelle ( AIUFFASS ), a company under Belgian law,
Apparel, Knitting & Textiles Alliance (AKT), a company                  An appeal against the order made on 3 July 1997 by the
under English law, against Commission of the European                   Second Chamber of the Court of First Instance of the
Communities, supported by the United Kingdom of Great                   European Communities in Case T-201/96 between, on the
                Britain and Northern Ireland (')                        one hand, Smanor SA, Hubert Ségaud and Monique
                                                                        Ségaud and, on the other, Commission of the European
 (Appeal — Article 92 (3) (a) and (c) of the EC Treaty —                Communities was brought before the Court of Justice of
 Textiles — Manifest error of assessment — Overcapacity                 the European Communities on 15 September 1997 by
                          — Admissibility)                              Smanor SA, Hubert Ségaud and Monique Ségaud,
                                                                        represented by Laurence Roques, of the Val de Marne Bar,
                             ( 97/C 357/21 )                            with an address for service at 7/9 Rue du General de
                                                                        Larminat, Créteil .
                  (Language of the case: French)                        The appellant claims that the Court should set aside the
                                                                        order appealed against and, ruling afresh, grant the
                                                                        applications originally made and order the Commission to
                                                                        pay all the costs.
 In Case C-55/97 P, Association Internationale des Utilisa­
 teurs de Fils de Filaments Artificiels et Synthétiques et de            Pleas in law and main arguments adduced in support:
 Soie Naturelle ( AIUFFASS ), a company under Belgian law,
 established in Gent ( Belgium ), Apparel , Knitting &
 Textiles Alliance ( AKT), a company under English law,                  Failure to comply with secondary Community law: in the
 established in London, represented by Michel Waelbroeck,               circumstances of the case, faced with a failure to act as
 Jules Stuyck and Olivier Spletdoorn, of the Brussels Bar,               persistent in duration as inexplicable in motivation,
 with an address for service in Luxembourg at the                        directly giving rise to a spiralling increase in the damage
 Chambers of Ernest Arendt, 8—10 Rue Mathias Hardt —                     suffered, the Court of First Instance could not, without
 appeal against the judgment of the Court of First Instance              failing in its duty to take all the relevant aspects of the
 of the European Communities ( Fifth Chamber, Extended                   case into consideration, acknowledge that the Commission
 Composition ) in Case T-380/94 AIUFFASS and AKT v.                      enjoyed the discretion recognized in Case C-247/8 7 Star
 Commission [ 1996 ] ECR 11-2169, seeking the annulment                  Fruit v. Commission ('), which is totally irrelevant in
 of that judgment, the other party to the proceedings being :            this case because it referred to factual circumstances
 Commission of the European Communities ( Agent: Xavier                  completely unrelated to the legal consequences entailed by
 Lewis ), supported by United Kingdom of Great Britain                   the judgment of the Court of Justice in Case 298/87
 and Northern Ireland ( Agent: Lindsey Nicoll, assisted                  Smanor ( 2 ).
 by Richard Plender and Stephen Morris ) — the Court
 ( First Chamber ), composed of L. Sevón, President of                   (') [ 1989 ] ECR, p . 291 .
 the Chamber, D. A. O. Edward and M. Wathelet                            ( 2 ) [ 1988 ] ECR, p . 4489 .
 ( Rapporteur ), Judges; C. O. Lenz, Advocate-General; R.
 Grass, Registrar, made an order on 6 October 1997, the
 operative part of which is as follows :