The Belgian State Council rules that there is no need for the procuring entity of a public tender procedure to inquire about the legality of an underlying State aid (NV Dimarso / National Bank of Belgium)

Factual Background This case concerns a public tender procedure in which VZW Merlijn Marketeer (“VZW”) was awarded the assignment to investigate the existing customer relations of the National Bank of Belgium (“Bank”). VWZ's offer was the most economical, in that it was the lowest price of all the tenders, as the assignment was to be carried out as part of an unemployment relief programme sponsored by the Belgian Government. NV Dimarso (“NV”), who ranked second in the tender procedure, challenged the decision of the Bank to award VZW with the assignment before the Council of State (Raad van State) on the basis that the unemployment relief programme qualified as an unlawful form of State aid, which enabled VZW to offer its services below

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