T-203/96
Embassy Limousines | 38 | ECT-238 [ex 181]
D88.591-generel | 38 In accordance with the combined provisions of Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ 1988 L 319, p. 1), as subsequently amended, and Article 181 of the Treaty, the Court of First Instance has jurisdiction to hear, at first instance, actions in contract brought before it by natural or legal persons pursuant to an arbitration clause.
43 The applicant's allegation that there is an `apparent' contract must also be refuted. Without there being any need to consider the foundation of the doctrine of apparent contract in Community law or the conditions governing its application in this case, it is clear that the evidence put forward by the applicant does not permit any derogation from the requirement of a written contract. The representatives of Embassy have, furthermore, recognised in their testimony that they were aware of the need for a written agreement for the contract to be validly awarded.
44 It follows that, since the applicant has failed to demonstrate the existence of a valid contract, in so far as its application is made on the basis of Article 181 of the Treaty it must be declared inadmissible. |
