On 19 November 2020, as part of the webinar organised by Larcier and the Brussels Young Bar Conference, Gauthier ERVYN gave a presentation on the European transparency obligation. In short, this obligation requires all entities that fall within the notion of "contracting authorities" to comply — even outside public procurement legislation — with the principles of equality, transparency, non-discrimination and proportionality when they enter into any type of contract with third parties or when they grant third parties any type of exclusive rights.
In practice, this means that even where public procurement legislation does not apply, contracting authorities — including private entities pursuing an aim of general, non-commercial interest and directed/controlled/financed by the public sector — are required to give prior publicity to all contracts, approvals and grants of rights they wish to conclude, and to give every economic operator the chance to submit an offer and to be treated equally. Failing this, the operators who suffer a disadvantage have a means of having these contracts and unilateral acts declared null and void. This therefore opens up significant economic opportunities for many operators who wish to develop their activities with public and "semi-public" authorities. Do not hesitate to contact us for any further information.
