Rejection of suspension request against University of Liège Apple IT supply award to Econocom — price verification of Apple Care discounts lawful after withdrawal of first decision — combining Apple Care and hardware prices admissible as warranty extensions have no independent economic value — discount differences alone do not establish manifest error of assessment
The Council of State rejected Lab9 Pro's urgent suspension request against the University of Liège's award of an Apple IT supply contract to Econocom, ruling that the authority had, after withdrawing a first decision tainted by inadequate price verification, conducted a concrete verification of Apple Care discounts under article 35 of the 2017 Royal Decree, that the justifications — combining Apple Care with hardware, referencing similar markets, and maintaining profit margins — explained why prices were not considered abnormal, and that significant discount differences between tenderers did not alone establish a manifest error of assessment.
What happened?
The University of Liège tendered Apple IT equipment via open procedure (estimated €4.5M). Two offers were received from Lab9 Pro and Econocom. The first award decision was withdrawn after Lab9 challenged the lack of price verification, citing a prior Council ruling. After concrete verification under article 35, the authority found Econocom's Apple Care discounts were not abnormal: these services have no independent economic value as they are almost always purchased with hardware, combined prices showed minimal differences, a similar market showed comparable discounts, and overall margins were maintained. The Council ruled the verification was adequate and the single plea was not serious.
Why does this matter?
When accessory services like warranty extensions have no independent economic value from the main hardware, the authority may legitimately assess price normality by combining these items. A withdrawal followed by concrete verification can regularise an initially deficient decision. Price verification aims to ensure proper execution and exclude speculation, not to explain differences between tenderers.
The lesson
Tenderers: you must show a manifest error of assessment, not merely price differences. Combined price assessment of economically linked products may be admissible. Authorities: if initial verification is insufficient, withdrawal followed by thorough verification can regularise the situation. Document your verification concretely.
Ask yourself
Do the price differences concern products with independent economic value or accessories linked to other products? Has the authority documented a concrete verification or merely stated there are no abnormal prices?
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 →