A consortium cannot 'borrow' a missing statutory authorisation from its licensed partner
The Council of State rejects the suspension: when a contract covers regulated activities such as private security, each member of a consortium must hold the required authorisation personally — reliance on a third party's capacity is excluded for such 'specific authorisations'.
What happened?
Liège Airport Security launched a tender for surveillance and control services at Liège Airport — two lots, published in March 2024, above EU thresholds. The selection criteria required a document confirming authorisation under the Belgian law of 10 August 1990 (as amended by the law of 2 October 2017 on private and special security). Alliance Security (BE) and Capital Security (FR) submitted a joint application as a consortium. Alliance was authorised; Capital was not. In its reply to the additional information request, the consortium openly acknowledged this but argued that it could satisfy the criterion globally: Alliance's authorisation would be available to the consortium, site staff would be contractually linked to Alliance, and public procurement doctrine allows cumulating capacities. Capital's DUME described it as 'group leader and responsible for the execution of specific surveillance and supervisory tasks'. Liège Airport Security did not select the consortium, finding that: the 2 October 2017 law is of public policy and incompatible with global fulfilment by consortium members; its ministerial authorisation screens all staff, management and execution alike; the only consortium member able to justify sufficient workforce (Capital) lacks the authorisation; the procurement rules do not allow reliance on third-party capacity for specific authorisations. The Council of State ruled that the authorisation is a 'specific authorisation' under art. 66 of the Royal Decree of 18 April 2017, relating to fitness to pursue the professional activity. Art. 150 of the Public Procurement Act and art. 72(2) of the Royal Decree of 18 June 2017 permit reliance on third-party capacity only for economic/financial and technical/professional capacity — never for fitness to pursue. Each consortium member taking part in the contract must hold the authorisation personally.
Why does this matter?
This ruling matters for anyone operating in regulated sectors (security, transport, pharmaceutical wholesale, architecture, medicine, asbestos and soil remediation). A consortium can pool financial and technical capacities, but cannot 'borrow' a statutory licence or authorisation between members. Each member that becomes party to the contract and contributes to the regulated activity — even as group leader or management — must hold the authorisation personally. This is not a formality: in security matters it concerns public order, screened staff, security investigations and prohibited dual activities.
The lesson
If the contract requires a statutory licence or authorisation for the activity, ensure every consortium member holds the authorisation personally — not just the lead member. Third-party capacity reliance is allowed for economic and technical capacity, but never for fitness to pursue. Verify before submission; if your consortium does not comply, reconsider the structure: subcontracting (if regulation permits), a separate bid, or a different partnership.
Ask yourself
For each tender in which you bid as a consortium: does every member personally hold every statutory authorisation required for the activity to be performed? If the answer is 'no' for at least one member, stop: non-selection is the likely outcome. And do not take comfort in 'site staff will be contractually linked to the authorised partner' — that does not fix the problem.
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 →