New Caledonia Cable Moving Forward After Court Case

TANC rejects the request for cancellation of the supply contract and installation of a submarine cable filed by the SCCI against the OPT-NC

The Administrative Court of New Caledonia denied the request by SCCI to cancel the contract between ASN and OPT-NC.By Belzamine Ludovic
February 12, 2021

By a request and a brief, registered on July 11, 2020 and December 9, 2020, the Caledonian company of international connectivity (SCCI), asked the  (TANC) to cancel the contract for the supply and installation of ” a submarine cable to secure New Caledonia’s international and domestic transport network, signed on April 24, 2020 between the New Caledonia Post and Telecommunications Office and the company Alcatel Submarine Network (ASN).

On August 13, 2020, in urgent procedure, the summary judge issued order n ° 2000136 rejecting the request for cancellation of the contract and rejected all the means invoked by the SCCI concluding that equal treatment was respected of candidates by the OPT-NC.

In its decision of February 4, 2021 judging the merits of this case, the TANC rejects the request of the SCCI and orders the latter to pay the sum of 300,000 CFP francs to the OPT-NC and the same sum to the company Alcatel Submarine Networks. in application of article L. 761-1 of the code of administrative justice.

The OPT-NC takes note of this new favorable decision, after that of the Paris Court of Appeal on the protective measures of the Competition Authority and that of the TANC on the tariff offers of the office, which confirms the legality of acts taken by the board of directors of the office and the legal framework in which telecommunications operate in New Caledonia.

The implementation of the domestic and international security market in New Caledonia by submarine cable has been initiated by the OPT-NC and ASN teams for several months and is continuing.

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