Comic book heroes from Charleroi as permanent city lighting — but the copyright wasn't secured yet
The Council of State rejects the claim of a lighting company whose offer was declared substantially irregular because its permanent lighting proposal featuring comic book characters depended on unresolved copyright and the proposed 'alternative' (a speech bubble with exclamation marks) was too vague to evaluate.
What happened?
The City of Charleroi tendered temporary and permanent urban illuminations. The specifications encouraged Charleroi-themed lighting including comic book characters. Blachère proposed eleven 'postcards' combining local comic heroes with iconic buildings, but stated copyright costs were the client's responsibility. After a clarification request, Blachère reversed: costs would be at its charge, and steps to secure rights were 'underway.' The authority found two irregularities: (1) the clarification modified the offer's cost structure (intangibility principle), and (2) the rights weren't secured, making the commitment uncertain. Blachère's 'alternative' — a speech bubble with exclamation marks — lacked any technical specification, was unclear in scope, and variants were forbidden for these items. The choice between versions would also affect pricing. The Council agreed the authority committed no manifest error in declaring the offer substantially irregular.
Why does this matter?
This ruling shows the risks of offers dependent on third-party rights. When execution depends on obtaining copyrights, licenses, or permits, the tenderer's commitment is uncertain. A vague alternative without technical backing doesn't resolve that uncertainty.
The lesson
For tenderers: if your proposal depends on third-party rights, secure them before submission. A vague 'alternative' is not a solution — especially when variants are forbidden. Watch that clarification responses don't modify your cost structure. For contracting authorities: a conditional offer dependent on unsecured rights constitutes an uncertain commitment and a substantial irregularity.
Ask yourself
Does your offer depend on rights or approvals you haven't obtained yet? Is your alternative concrete enough to be evaluated as a standalone offer? Does your clarification response change your offer's financial structure?
About this database
The Council of State (Raad van State / Conseil d'État) is Belgium's supreme administrative court. In disputes over public procurement — from contract awards to tenderer exclusions — the Council of State is the final arbiter. The rulings in this database are summarised by TenderWolf in plain language, with practical lessons for tenderers and contracting authorities. View all rulings →