Urgent suspension request by Bouwwerken De Ruyck against award of youth hostel renovation in Ronse rejected — category D contractor accreditation rightfully required for complex renovation spanning multiple subcategories — Article 5 §7 accreditation decree not applicable to complex contracts
The Council of State rejected Bouwwerken De Ruyck's urgent suspension request against Tourism Flanders' award of the De Fiertel youth hostel renovation in Ronse to Algemene Bouwwerken Sadones, ruling that the required category D accreditation was justified as the contract concerned complex renovation works of various types (asbestos removal, roof renovation, insulation, drainage, PV panels, electrical) requiring coordination, and that Article 5 §7 of the accreditation decree did not compel classification under subcategory D12.
What happened?
Tourism Flanders tendered renovation works for the De Fiertel youth hostel in Ronse, requiring category D contractor accreditation (general building works). The works spanned six parts: asbestos removal, earthworks and underground pipes, roof works (structure, insulation, covering, skylights, drainage), interior finishing, PV panels and electricity. De Ruyck (accredited in subcategory D12 — non-metallic roofing) argued the contract should be classified under D12 since roofing represented the largest cost share (35.82%). The Council found the contract was a complex renovation requiring coordination of various work types, justifying category D classification. Article 5 §7 (requiring classification in the subcategory with the largest cost percentage) does not apply when the contract as a whole qualifies as a complex contract under a category.
Why does this matter?
This ruling clarifies the distinction between accreditation categories (complex multi-discipline contracts) and subcategories (specialized works tendered separately). When a renovation spans multiple subcategories and requires coordination, the contracting authority may rightfully classify it under the broader category D even if one subcategory represents the largest financial share.
The lesson
As contracting authority: document why a mixed renovation qualifies as a complex contract under category D, emphasizing work diversity and coordination needs. As tenderer challenging classification: demonstrate that the works exclusively fall under subcategories rather than constituting a complex contract requiring coordination.
Ask yourself
Does the contract truly involve works of various types requiring coordination, or specialized works that could have been tendered separately? Does the accreditation requirement match the actual scope?
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 →