Public Procurement & Competitive Tendering
Authorities, public law entities and certain utilities operators are not permitted to award contracts freely. Often, they are required to follow public procurement rules when awarding contracts for works, supplies, services or concessions. Likewise, companies bidding for public contracts with local, EU or international public procurement procedures must take into account a complex set of rules and running the risk of non-compliance and exclusion.
In instances where these rules do not apply, authorities and public law entities must still respect the general principles of transparency and competitive tendering when entering into arrangements with third parties. Our cross-office procurement team is familiar with procurement issues across a wide variety of sectors and will assist you to navigate through the rules and regulations.
10-02-2023CJEU rules on legal standing of operators challenging award decisionsIn a recent judgment, the CJEU clarified further when operators possess an interest in challenging the award decision in relation to a public procurement contract. The Court ruled that member states can forbid an operator excluded from a tender proce
12-12-2022CJEU guidance on tenders submitted by affiliated partiesThe Court of Justice of the EU (CJEU) has clarified its caselaw on tenders submitted by entities of the same group in a single public tendering procedure. This judgment also provides guidance on the rule that a tenderer may submit only one (initial)
10-11-2022Property sale OCMW/CPAS null and void due to insufficient competitionIn a highly mediatized judgment of 8 November 2022, the Ghent Court of Appeal clarifies which rules public authorities have to observe when selling real estate. In order to avoid unpleasant and far-reaching consequences, such as the annulment of the