Public Procurement

Overview

The procurement of works, goods and services by government and quasi-government bodies offers substantial opportunities, but also poses significant challenges and risks for suppliers and contracting authorities. Our Belgian and EU procurement legal experts deliver effective legal guidance in this highly complex area, combining broad technical and legal expertise with innovative thinking and a strong commercial focus.

Our highly ranked government contracts practice in the United States, combined with our Belgian and EU procurement legal experts, offers a winning combination of broad technical and legal expertise, and innovative thinking. This synergy enables us to deliver effective solutions in public procurement law and Public-Private Partnerships (PPPs), ensuring our clients navigate procurement challenges with confidence and success.

Our Services

Our public procurement team is well-versed in both Belgian and EU procurement law. Our lawyers offer expert guidance to both contracting authorities and suppliers, helping them navigate the intricate legal landscape of public procurement in Belgium. They also handle matters related to EU and NATO public procurement rules.

We provide business-oriented solutions for clients in all sectors subject to procurement regulations, including infrastructure, construction, energy, ICT, telecommunications, healthcare, and life sciences. Our team can leverage the expertise of our U.S. colleagues for international procurement procedures, drawing on the know-how from one of the largest and most reputable government contracts practices in the U.S.

Our team offers support throughout the entire life cycle of public procurement projects, including advice on bidding, reviewing and challenging tender documents and award decisions, drafting and negotiation of contracts, and providing our clients with legal advice on complex compliance issues.

Our team is familiar with the notification requirements under the EU Foreign Subsidies Regulation (FSR) for large public tenders. It also handles strategic State aid cases and assists clients with notifications and investigations.

While our lawyers always try to achieve the most efficient and pragmatic solution for our clients, when necessary, we are experienced and efficient litigators before both civil and administrative courts, not only at the national level but also before the EU courts.

Our Multidisciplinary Public Procurement Team

Our team comprises lawyers from diverse legal backgrounds, including corporate and regulatory lawyers, litigators, and specialists in areas such as public and administrative law, antitrust, State aid, foreign subsidies, contract law, and dispute resolution. This multidisciplinary approach allows us to handle all legal aspects of the public procurement process, regardless of its scale.

Insights

Client Alert | 10 min read | 10.23.25

The EU’s Defense Readiness Roadmap and Omnibus: What are the Implications for Defense Procurement?

On October 16, 2025, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented their Defense Readiness Roadmap 2030 to the EU Member States. This comprehensive plan aims to strengthen European defense capabilities. It follows, and should be read together with, the Commission’s Defense Readiness Omnibus that was published in June 2025. The Omnibus contains a set of proposals to facilitate defense investments and boost EU Member States’ responsiveness to today’s security challenges....

Representative Matters

  • Assisted the European Commission and several European agencies with more than 40 cases involving a wide range of disputes before the European courts, including public procurement cases before the Court of Justice of the European Union and the General Court.
  • Represented a Belgian construction company in a challenge of an award decision by a public-private partnership for a large construction project in Antwerp.
  • Advising an international defense company on defense procurement, market access, export controls, and intra-EU transfers of military equipment.
  • Safeguarded the interests of a Canadian company in public procurement procedures and subsequent litigation regarding the award of a contract for the supply of virtual lottery terminals to the National Lottery of Belgium.
  • Litigated on behalf of one of Belgium’s largest telecommunications companies against the decision by the Flemish public broadcaster to award a contract for the supply of a media platform to a competitor.
  • Advising pharmaceutical companies on joint public procurement questions.
  • Assisted a U.S. defense company with a submission in a Private-public partnership project for Pilotage Vessels ordered by the Flemish Government. The project was for the design, build, finance and maintenance of a mother vessel and three fast tender vessels.
  • Provided legal support to a U.S.-based electronics corporation in their negotiations with several Belgian publicly owned operators of low and medium voltage electricity networks, relating to the license agreements for e-meters in Belgium.
  • Represented one of the largest dredging companies in the world in public procurement litigation against the Antwerp port authorities on the use of their patent-protected technology for the construction of quay walls.
  • Advised several pharmaceutical companies on the application of the new Belgian public procurement rules in the hospital sector.
  • Advised a defense contractor on offset requirements and Directive 2009/81/EC on defense and sensitive security procurement.
  • Assisted the Belgian Federal Government in establishing the regulatory framework for the development of wind farms and in notifying the European Commission of the State aid scheme.
  • Assist one of the largest dredging companies in the world in its bid for the construction of a new bridge, in a project with a public procurement value of over EUR 250 million.
  • Advised an energy holding on resolving bidding process irregularities and subsequent remedial actions, including government communications, within the framework of a hydrogen project.
  • Advise a postal group on the public procurement and State aid aspects of initiatives to support access to e-government services and digital inclusion of vulnerable groups.
  • Advising a Belgian utility company in relation to the Belgian Federal Government’s tender for gas-powered power stations.
  • Acted for a major fuel supplier on Brussels international airport in proceedings on the validity of procurement decisions and the interpretation of the specific provisions in the offer letter.
  • Represented a Belgian utility company in litigation with VEB (Vlaams Energiebedrijf) concerning unfair commercial practices and public procurement issues.
  • Advised a multinational aerospace and defense company on the scope of the EU Foreign Subsidies Regulation (FSR) on bids in public tenders in the EU, as well as on how to prepare for notifications.
  • Assisted a publishing company in participating in a public procurement procedure involving an intermunicipal cooperative in Belgium.
  • Assisting a telecommunications company with a tender procedure to acquire broadcasting rights.
  • Representing a telecommunications company in litigation concerning the annulment of a long-term network usage agreement due to the absence of a competitive bidding process during the transaction.
  • Advise a multinational pharmaceuticals company on the legality of a public tender by a hospital purchasing body which includes a localization criterion requiring bidders to be in a specific geographic area.
  • Advised an EU agency dedicated to enhancing cybersecurity in Europe on the award of contracts for the provision of services in support of preparedness and incident response activities using funding provided by the European Commission under the Digital Europe Programme.

Insights

Client Alert | 10 min read | 10.23.25

The EU’s Defense Readiness Roadmap and Omnibus: What are the Implications for Defense Procurement?

On October 16, 2025, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented their Defense Readiness Roadmap 2030 to the EU Member States. This comprehensive plan aims to strengthen European defense capabilities. It follows, and should be read together with, the Commission’s Defense Readiness Omnibus that was published in June 2025. The Omnibus contains a set of proposals to facilitate defense investments and boost EU Member States’ responsiveness to today’s security challenges....

Insights

Client Alert | 10 min read | 10.23.25

The EU’s Defense Readiness Roadmap and Omnibus: What are the Implications for Defense Procurement?

On October 16, 2025, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented their Defense Readiness Roadmap 2030 to the EU Member States. This comprehensive plan aims to strengthen European defense capabilities. It follows, and should be read together with, the Commission’s Defense Readiness Omnibus that was published in June 2025. The Omnibus contains a set of proposals to facilitate defense investments and boost EU Member States’ responsiveness to today’s security challenges....

Insights

Client Alert | 10 min read | 10.23.25

The EU’s Defense Readiness Roadmap and Omnibus: What are the Implications for Defense Procurement?

On October 16, 2025, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented their Defense Readiness Roadmap 2030 to the EU Member States. This comprehensive plan aims to strengthen European defense capabilities. It follows, and should be read together with, the Commission’s Defense Readiness Omnibus that was published in June 2025. The Omnibus contains a set of proposals to facilitate defense investments and boost EU Member States’ responsiveness to today’s security challenges....