Winter services Bastogne: abandonment of procedure and relaunch annulled for exceeding time-limited and purpose-bound delegation of authority
The Council of State annuls SOFICO's decision to abandon a procurement procedure for winter road services in the Bastogne district and launch a new procedure for 2021-2024, because the delegation to the president and director-general was exclusively justified by the imperative need to be operational by 15 October 2020 — a decision taken on 21 December 2020 to launch a new procedure for three subsequent winter periods manifestly exceeded the delegation's scope.
What happened?
SOFICO, the Walloon road infrastructure company, launched a procurement for winter road services in the Bastogne district. On 10 July 2020, its board delegated to the president and director-general the power to manage procurement procedures, justified by the imperative need to have all contracts ready by 15 October 2020. The initial award (3 September 2020) was suspended. On 21 December 2020, the president and an administrator decided 'for SOFICO' to abandon the procedure and launch a new one for 2021-2024. The administration had already arranged internal measures for the 2020-2021 winter period. The Council found the second sub-ground of the first plea well-founded. SOFICO acknowledged that renouncing a procedure is normally a board competency. The delegation of 10 July 2020 was limited: even if it included the power to relaunch a procedure, this was solely to be ready by 15 October 2020. A decision of 21 December 2020 to launch a new procedure for three subsequent periods manifestly exceeded this scope. The abandonment was not a prerequisite for the first winter period — the administration had already taken internal measures. The decision was annulled.
Why does this matter?
This ruling clarifies the limits of authority delegations for public bodies. A delegation justified by a specific, time-bound necessity cannot be invoked for decisions taken after that deadline and relating to subsequent periods. The burden of proving authority rests on the contracting authority.
The lesson
As a contracting authority with a collective governing body: be precise in formulating authority delegations. When justified by a time-bound necessity, delegates cannot invoke the delegation for decisions exceeding that timeframe. When circumstances change, a new decision by the competent body is required. As a tenderer: when an authority abandons or restarts a procedure, verify whether the decision was taken by the competent body.
Ask yourself
As a contracting authority: is the delegation still valid at the time of the decision? Does it cover the specific decision being taken? As a tenderer: was the abandonment or restart decision signed by the competent body?
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 →