CELEX: C1997/357/22
Language: en
Date: 1997-11-22 00:00:00
Title: 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 T-201/96 between, on the one hand, Smanor SA, Hubert Ségaud and Monique Ségaud and, on the other, Commission of the European Communities (Case C-317/97 P)

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 :