Corrective ruling: rectification of clerical error in ruling 260.097 — equality principle applies to government contract awards even when procurement rules do not apply
This corrective ruling rectifies a clerical error in paragraph 16 of ruling 260.097 of 12 June 2024 — the corrected text confirms that even when public procurement rules do not apply, an authority must respect the equality principle under articles 10 and 11 of the Constitution when awarding a government contract (such as granting a real right).
What happened?
Topline Services, a Luxembourg company, sought annulment of two successive award decisions by the Belgian State (Defence) concerning file MRMP-A/A2 Nr. 20AAVO1. The first decision (25 May 2021) awarded to Fenix Recycling; the second (17 July 2021) withdrew the first and awarded to Partscare. Ruling 260.097 of 12 June 2024 decided these appeals but contained a clerical error in paragraph 16. This corrective ruling rectifies that error. The corrected text states: even when public procurement rules do not apply, an authority must respect the equality principle under articles 10 and 11 of the Constitution when awarding a government contract, such as granting a real right.
Why does this matter?
Although purely a clerical correction, the rectified text confirms a fundamental principle: the constitutional equality principle applies even when procurement rules do not formally apply. Any government contract award — including granting real rights — must respect equal treatment.
The lesson
As public authority: even when procurement rules do not apply to a particular government contract or right, the constitutional equality principle still applies. Treat all candidates equally and ensure transparent decision-making. As tenderer: you can challenge unequal treatment based on constitutional equality even outside formal procurement law.
Ask yourself
As authority: even if procurement rules don't apply, did I respect constitutional equality? Were all candidates treated equally? Is my award decision transparent?
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 →