Belgian Court Suspends Napoleon Games' Brussels Casino Licence
The Belgian Council of State has halted the award of the 15-year, €750m Brussels casino concession to Napoleon Games following a legal challenge by incumbent operator Viage, citing procedural flaws and a potential conflict of interest involving the city's mayor.
- The Belgian Council of State has suspended the 15-year Brussels casino operating licence awarded to Napoleon Games.
- Incumbent operator Viage launched the successful legal challenge, alleging procedural errors and a potential conflict of interest.
- The court found the award process had insufficient reasoning and failed to comply with European regulations on foreign subsidies.
The award of a 15-year operating licence for the Brussels casino to Napoleon Games has been suspended by Belgium's Council of State. The decision to halt the €750 million contract follows a legal challenge submitted by Viage, the current licence holder for the venue.
Procedural Shortcomings Cited
In its ruling, the court sided with Viage, highlighting significant shortcomings in the city's award procedure. The judgement noted a particular lack of sufficient reasoning behind the decision to select Napoleon Games. Furthermore, the Council found that the process did not adhere to obligations under a European regulation concerning foreign subsidies that can distort the internal market.
The court determined that “not all elements of the tender specifications had been adequately taken into account” during the evaluation. It also considered that certain factors used in the assessment “do not appear to be relevant to the subject matter of the concession”. Viage had based its challenge on several arguments, including a failure to comply with the established award criteria and what it termed manifest errors of assessment.
Conflict of Interest Allegations
A potential conflict of interest involving Brussels mayor Philippe Close was also raised during the proceedings. The mayor sits on the board of directors for the Anderlecht football club, which has a partnership with Napoleon Games. It was noted that Mr Close did not recuse himself from the meeting where the casino contract award was decided.
Viage, which has operated the casino since 2010, was ranked a very close second out of five total bids submitted during the latest tender process. A spokesperson for the company, Siham Makrache, commented on the court's decision.
We’re pleased that the Council of State has ruled in our favour.
In response to the ruling, a spokesperson for Mayor Close stated, “The City takes note of the Council of State’s ruling.” Didier Wauters, the Brussels alderman for trade and the economy, said he was surprised by the decision but acknowledged that the Council of State had followed the advice of its auditor.
The suspension creates uncertainty for the future of the venue, as Viage's current licence is set to expire on 31 December this year. The Brussels casino is a significant source of revenue for the city, generating an annual royalty of €10 million.