Steven Van Garsse, Simon Verhoeven, Ellen Wouters

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 4, Page 221 - 229

The European Single Procurement Document (ESPD) was introduced as a tool that makes it easier to participate in public procurement. This article discusses how the ESPD has been implemented in some countries, what the sanction is if the ESPD is not added or is inadequately filled in. Relevant case law at the European level is also examined. Keywords: European Single Procurement Document; ESPD; missing information; irregular; clarification

Steven Van Garsse, Simon Verhoeven, Alexander Verschave

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 284 - 294

In this contribution we discuss the consequences of the contract when it has been modified in a substantial manner. On a European level there has been provided in the sanction of the ineffectiveness of the contract, which procedure can be initiated within six months after the change has happend. In Belgian law there is also the sanction of the annulment of the contract, whereby the contract can be declared null, which can be invoked even after the six month period, thus it seems. In this contribution we formulate some critical remarks on the situation in Belgium. Keywords: substantial modifications, sanction of annulment, sanction of ineffectiveness

Steven Van Garsse, Ilenia Vandorpe

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 329 - 333

Steven Van Garsse

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 293 - 300

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts and public procurement Directives 2014/24 and 2014/25 were transposed into the Belgian legal system by the Public Procurement Act of 17 June 2016 and the Concession Act of 17 June 2016. The legislation entered into force on 30 June 2017. The main features of the public procurement and concessions regulations are in line with the European Directives. Belgian public procurement and concession rules are not a slavishly copy of the directives however. This contribution discusses some particularities and choices made by the Belgian legislator. A number of provisions are criticized, especially as doubts arise as to their compatibility with European Law. Keywords: Public Procurement; Concessions; Legislation; Implementation; Particularities.

Steven Van Garsse, Kit Van Gestel, Nicolas Carette

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 87 - 96

In recent years, various energy-saving initiatives have been adopted at the EU level, with the goal of mitigating climate change and reducing the European Union’s dependence on external sources of energy. The Energy Efficiency Directive of 25 October 2012 is explicitly targeted at increasing the use of this tool by governments in order to achieve better energy performance. Improvements in energy performance (e.g. for buildings) often require substantial investments on the part of the government. To date, however, the manner in which this type of contracts should be treated within the budget and in light of the European System of Accounts (ESA 2010), as currently interpreted, is not very attractive. For the time being, therefore, the future of the use of EPC by governments appears less than promising. This article elaborates on the budgetary obstacles for a broad use of EPC for public buildings within the EU. Keywords: Energy Performance Contracts; Energy Efficiency Directive; Eurostat; European System of Accounts.

Steven Van Garsse, Kit Van Gestel, Kirsti McKenzie

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 1, Page 3 - 15

This article presents an overview of Public-Private Partnership contracts, focusing on the balance sheet treatment of these contracts, particularly in light of the recently published Eurostat and EPEC guidance on the Statistical Treatment of PPPs. The aim of this additional guidance is to translate the statistical rules into contract provisions and we analyse this in relation to the transfer of risks and rewards, whilst considering the extent of government funding and control. Keywords: PPP; ESA 2010; MGDD; Transfer of Risk; Transfer of Rewards; Government Expenditure; Statistical Treatment.

Steven Van Garsse, Erik Van den Broek, Jeroen Buyck

European Procurement & Public Private Partnership Law Review, Volume 11 (2016), Issue 2, Page 111 - 118

Steven Van Garsse

European Procurement & Public Private Partnership Law Review, Volume 2 (2007), Issue 1, Page 3

I. Introduction As is the case in the vast majority of other European Member States, Public Private Partnerships (hereinafter “PPP”) are increasingly favoured by Belgian law and policy makers. Belgium is a federal State, known for its particularly complex organisational structure. State powers are allocated to the Federal State Level, the Regions and the Communities. Each different organisational entity is thereby entitled to resort to PPP for the dev