In late 2016, in the case of the Vlaardingen Slot Machine Hall, the Administrative Law Division of the Council of State established a general legal framework for the allocation of scarce licenses. The administrative body is required to provide all (potential) applicants with an opportunity to compete. The administrative authority must ensure an appropriate level of transparency regarding the availability of the scarce license, the allocation procedure, the application period, and the criteria to be applied, and must provide clarity on these matters in a timely manner prior to the start of the application procedure. This requirement is based on the obligation of transparency arising from the case law of the Court of Justice.
The doctrine has since developed at a rapid pace and has been extended to other areas, such as subsidies and the government’s allocation of land under private law (Didam).
During the seminar, ten years after the “Speelautomatenhal Vlaardingen” case, we will take stock of the situation. We will reflect on the development of the duty to compete over the past decade and look ahead from the perspective of national administrative law, European law, and public procurement law: toward more or less room for competition?
Are you interested in participating in the seminar? Please register with Marleen Botman using this form. The number of available spots is limited.