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  • Article

    Foreign Subsidies Regulation: Impact On Tendering For Infrastructure Projects

    The European Union's recently adopted Foreign Subsidies Regulation (FSR) has created new challenges and raised questions for companies participating in tender procedures for large infrastructure projects.
    European UnionGovernment, Public Sector
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Belgium Offshore Wind Tender Amendment And Ventilus Permit Push

    Belgium is overhauling its offshore wind tender framework with price-based auctions, EU-aligned supply chain requirements, and mandatory carbon footprinting. Will these reforms accelerate development in the Princess Elisabeth Zone, or will legal challenges to critical grid infrastructure create new delays?
    BelgiumEnergy and Natural Resources
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Nieuwe Regeling Inzake De Betaling Van Voorschotten In Het Kader Van Een Overheidsopdracht

    De wet van 22 december 2023 tot wijziging van de regelgeving inzake overheidsopdrachten teneinde de toegang van kmo's tot die opdrachten te bevorderen werd vandaag (8 januari 2024)...
    BelgiumGovernment, Public Sector
    Caluwaerts Uytterhoeven
    Caluwaerts Uytterhoeven
  • Article

    Public Procurement In The Classic Sectors - A Further Step Towards A New System

    The Belgian authorities have made further steps towards the implementation of a new legislation regarding public procurement, and the implementation of the relevant European directives into Belgian law, by the publication, recently, of two new laws and a royal decree.
    BelgiumGovernment, Public Sector
    Peeters
    Peeters
  • Article

    State-Backed Foreign Companies In The European Union's Crosshairs

    Foreign subsidies have had an unfair and distortive impact in the European Union. State-backed foreign companies have, according to the EU, benefited from an unfair advantage when acquiring EU targets or...
    European UnionCorporate/Commercial Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    The EU Industrial Accelerator Act: Takeaways For Public Procurement

    The European Commission’s proposal for an Industrial Accelerator Act is intended to strengthen the EU’s industrial competitiveness, stimulate decarbonisation, and reduce strategic supply-chain dependencies.
    European UnionGovernment, Public Sector
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Council Of State Suspends Awarding Decision For Failure To Comply With The Foreign Subsidies Regulation (Regulation (EU) 2022/2560)

    The Belgian Council of State has issued a landmark judgment clarifying the obligations of both contracting authorities and tenderers under the EU's Foreign Subsidies Regulation in public procurement procedures. This ruling addresses a high-value casino concession dispute and establishes critical compliance requirements that could invalidate awarding decisions if not properly followed.
    European UnionGovernment, Public Sector
    Monard law
    Monard law
  • Article

    Important Reform Social Criminal Code: Bill Adopted

    On May 8th, 2024, the House of Representatives approved the Bill amending the Social Criminal Code and various labour law provisions.
    BelgiumCriminal Law
    Lydian
    Lydian
  • Article

    Foreign Subsidies Regulation: A Year Of Mandatory Notifications In Review

    Since mid-October 2023, certain M&A transactions and participations in public procurement proceedings must be notified to the European Commission ("Commission")...
    European UnionCorporate/Commercial Law
    Hengeler Mueller
    Hengeler Mueller
  • Article

    EU Customs Law: Import Duty Relief And Other Measures To Address The COVID-19 Crisis

    Businesses and customs authorities alike are confronted by customs-related challenges amidst the novel coronavirus ("COVID-19") crisis, whether for the import of goods to combat the outbreak.
    European UnionGovernment, Public Sector
    Jones Day
    Jones Day
  • Article

    Europe's Economic Response To The COVID-19 Crisis—The European Commission Steps In

    The Commission also recalls that ill-designed national restrictions can exacerbate problems and contribute to amplifying shortages in other Member.
    European UnionStrategy
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    When EU Public Procurement And Antitrust Rules Meet – Rules For Participating In Public Procurement Procedures

    On 15 September 2022, the CJEU ruled that contracting authorities must have "sufficiently plausible indications" (Art. 57(4)(d) Public Contracts Directive) of violation of EU antitrust rules before they may exclude a company from a public tender ...
    European UnionGovernment, Public Sector
    Norton Rose Fulbright
    Norton Rose Fulbright
  • Article

    The Energy Transition | Government Backs Cap & Floor Support For Long Duration Storage Projects

    The government has launched a consultation on its proposal to develop a cap and floor mechanism designed to overcome the investment barriers it has identified in the long duration...
    BelgiumEnergy and Natural Resources
    Osborne Clarke LLP
    Osborne Clarke LLP
  • Article

    Update In Public Procurement Legislation – New Rules Targeting Smes

    Public procurement legislation underwent a new makeover.
    BelgiumGovernment, Public Sector
    Monard law
    Monard law
  • Article

    New Rules To Improve SMEs' Access To Public Procurement

    Most Belgian companies are SMEs and yet they are underrepresented in public procurement procedures. With the introduction of some new rules, the Belgian legislator seeks to bring some changes in this regard.
    BelgiumGovernment, Public Sector
    Loyens & Loeff
    Loyens & Loeff
  • Article

    COVID-19 Key EU Developments, Policy & Regulatory Update No. 47

    This regular alert covers key regulatory EU developments related to the COVID-19 situation. It does not purport to provide an exhaustive overview of developments and contains no analysis or opinion.
    European UnionGovernment, Public Sector
    Jones Day
    Jones Day
  • Article

    Fit For Purpose, But Not Frictionless: The European Commission Delivers Its First Verdict On The Foreign Subsidies Regulation

    The European Commission has delivered its first three-year review of the Foreign Subsidies Regulation, declaring the enforcement framework "fit for purpose" while acknowledging significant administrative burden on market participants. Though the regime has processed thousands of notifications since 2023, resulting in only a handful of in-depth investigations, the Commission has committed to targeted procedural simplifications expected in 2027, even as it doubles down on scrutinizing state-backed acquirers a
    European UnionAntitrust/Competition Law
    McDermott Will & Schulte
    McDermott Will & Schulte
  • Article

    EU Commission Expands Foreign Subsidies Guidance

    The EU Foreign Subsidies Regulation, or FSR, is intended to prevent or remedy distortions of the EU internal market caused by "foreign" – meaning non-EU – subsidies benefitting companies active in the EU.
    GlobalGovernment, Public Sector
    Norton Rose Fulbright
    Norton Rose Fulbright
  • Article

    Belgian State Council Confirms Exemption From Public Procurement Rules For Long-term Defense Partnership

    On 16 February 2026, the Belgian State Council rendered an important judgment on the use of Article 346 TFEU in defense procurement (Case Heckler & Koch GmbH v Belgian State, No. 265.758).
    BelgiumGovernment, Public Sector
    Loyens & Loeff
    Loyens & Loeff
  • Article

    European Commission Publishes Guidelines On Foreign Subsidies Regulation: What Businesses Need To Know

    The Foreign Subsidies Regulation enables the European Commission to take action in relation to foreign subsidies that may distort competition within the European Union.
    BelgiumAntitrust/Competition Law
    Crowell & Moring LLP
    Crowell & Moring LLP

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