Household waste management in Etalle: suspension – the 'social considerations' criterion requiring a 'note demonstrating the social character of the company' is too vague and confers unlimited freedom of choice
The Council of State orders the suspension of the commune of Etalle's decision to award the 2024-2025 household waste management contract to DURECO, because the second award criterion 'Social considerations' (20 points), described only as 'a note of maximum one A4 page demonstrating the social character of the company', lacks the clarity and precision required by article 81 of the Law of 17 June 2016 and confers an unconditional freedom of choice on the contracting authority.
What happened?
The commune of Etalle launched a negotiated procedure without prior publication for household waste management 2024-2025. The specifications provided two award criteria: price (80 points) and 'social considerations' (20 points). The second criterion was described as: 'The tenderer must attach to its offer a written note of maximum one A4 page demonstrating the social character of its company'. No definition, illustration or sub-criteria specified what would be concretely evaluated. The Council held that the terms 'social character of a company' do not have a clear and precise meaning in common language and may be interpreted differently. The criterion lacks the clarity that would have allowed tenderers to know what elements would be valued. The fact that Remondis submitted a note based on its own interpretation does not dispense the authority from properly defining the criterion. Also notable: the simple notification of non-award without the reasoning does not start the 15-day appeal period. Suspension ordered.
Why does this matter?
This ruling reaffirms that award criteria cannot confer unlimited freedom of choice. A vague 'social character' criterion without specification is insufficient. The terms have no univocal meaning in common language. Additionally, the appeal period only starts running upon communication of the reasoned decision.
The lesson
As a contracting authority: define social criteria with precision — specify what will be concretely evaluated. Communicate the reasoned decision with the notification. As a tenderer: a vague criterion is a serious ground, even if you responded to it on your own interpretation.
Ask yourself
As a contracting authority: are my social award criteria sufficiently precise? Did I communicate the reasoned decision with the notification? As a tenderer: is the criterion capable of uniform interpretation? Did the authority communicate the reasons to me?
About this database
The Council of State (Raad van State / Conseil d'État) is Belgium's supreme administrative court. In disputes over public procurement — from contract awards to tenderer exclusions — the Council of State is the final arbiter. The rulings in this database are summarised by TenderWolf in plain language, with practical lessons for tenderers and contracting authorities. View all rulings →