Specifications for 21 July national day festivities annulled through accelerated procedure – unjustified tripling of turnover requirement (from €2 million cumulative over three years to €2 million per year) violates proportionality principle where services and budget are identical
The Council of State annulled through the accelerated procedure of Article 17 §6 the Belgian State's decision to approve the specifications for the organisation of the 21 July national day festivities, because the selection criterion for economic and financial capacity — a minimum annual turnover of €2,000,000 for each of the last three financial years — constituted an unjustified tripling compared to the previous similar specifications (which required only a cumulative turnover of €2,000,000 over three years), while the services and budget were identical and the justifications invoked by the Belgian State were not supported by the tender documents or the administrative file.
What happened?
The Belgian State approved specifications for a service contract for organising the 21 July national day festivities (public show, live TV broadcast, security, bars and catering, promotion). The selection criterion required a minimum annual turnover of €2,000,000 for each of the last three years. SRL Shadow to Live challenged this, noting the previous specifications for the 2023 festivities required only €2,000,000 cumulative over three years — effectively a tripling. By ruling no. 259.655 of 26 April 2024, the Council had already suspended the specifications under extreme urgency. The Belgian State failed to file a request for continuation within thirty days. Through the accelerated procedure of Article 17 §6, the Council examined the merits and confirmed the suspension ruling. The Belgian State's justifications (freedom to adjust criteria; three editions instead of one) were unsupported: the administrative file showed the increased threshold was already planned when the contract covered only one edition. The specifications were annulled. Costs (€200 court fee, €24 contribution, €770 procedural indemnity) were charged to the Belgian State.
Why does this matter?
This ruling confirms that while contracting authorities have wide discretion in setting selection criteria, significant increases in thresholds compared to previous similar specifications require concrete justification supported by the tender documents or administrative file. A mere reference to freedom to adjust requirements is insufficient. The ruling also illustrates the accelerated annulment procedure when the respondent fails to request continuation after suspension.
The lesson
Do not increase selection thresholds without concrete justification. When significantly raising turnover requirements or other criteria compared to previous similar specifications, document why the increase is necessary and proportionate. As an applicant after a successful suspension, note that the respondent must file for continuation — failure to do so triggers accelerated annulment.
Ask yourself
As a contracting authority: have you changed selection thresholds compared to previous similar specifications? Can you concretely justify this change? Is the justification documented? As a tenderer: compare selection criteria with previous similar contracts — is any increase justified?
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 →