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The High Stakes of Transparency and Equal Treatment in (Belgian) Public Contracts:

The (Un)Certain Faith of Contracts Awarded Without Competition

Veerle Pissierssens, Gauthier van Thuyne

DOI https://doi.org/10.21552/epppl/2021/3/9

Keywords: transparency, non-discrimination, remedies


Recent Belgian case law puts a spotlight on the risks of not respecting rules regarding publication and infringements of the principles of transparency, non-discrimination and equal treatment. In this article we discuss recent case law that demonstrates that Belgian courts do not hesitate to render the severe punishment of annulment of the contract if a public (procurement) contract was awarded in breach of the rules regarding transparency. We discuss the consequences of these types of judgements, their practical implications and examine the compatibility with EU legislation.
Keywords: transparency, non-discrimination, remedies

Veerle Pissierssens, Counsel at KPMG Law Belgium, specialises in Public Law and advises both on transactional and contentious matters. Gauthier van Thuyne, heads the Belgian Public Law Group, Partner at Allen & Overy Belgium. He assists public authorities, companies, banks, public-funded entities and utilities on all types of public contracts. For correspondence: <mailto:vpissierssens@kpmglaw.be> and <mailto:Gauthier.vanThuyne@AllenOvery.com>.

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