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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.

The Belgian Council of State has issued a landmark ruling on the Foreign Subsidies Regulation (FSR), clarifying the obligations of both contracting authorities and bidders in public procurement procedures exceeding €250 million. This decision arose from a dispute over Brussels' casino concession and establishes that FSR compliance is mandatory regardless of whether procurement documents explicitly mention it, with non-compliance rendering award decisions unlawful.

Belgium's new Book 7 of the Civil Code introduces fundamental changes to real estate and construction law, reshaping risk allocation, conformity standards, and contractual relationships. With implementation set for September 2027, property developers, contractors, and real estate professionals face critical decisions about updating their standard documentation and contractual frameworks.