13.8. Van Hool

In 1993, the Walloon transport service SRWT (Société Régionale Wallone de Transport) had to replace 307 busses. Two candidates applied: the well known Flemish busconstructor Van Hool, and the French-Walloon company EMI/Renault, EMI being Espace Mobile International.

EMI has its seat in Aubange, in the province of Luxembourg, and would create a few tens of Walloon jobs. The company is a subcontractor for Renault, and the busses are manufactured completely in France, only adjusted a little bit to the specifications of the SWRT in Aubange. According to the Financieel Ekonomische Tijd newspaper of September 16th, 1995, EMI is more of a ghost-company, and there is practically nothing done in Aubange.

Van Hool on the other hand is a contructor with world-fame, and could deliver the busses at a better price and on time. The Walloon Region, however, permitted EMI/Renault to change its quotation even after the deadline, which is a violation of the principle of equality, having as its consequence that Van Hool had to fail to get the contract.

First, Van Hool tried to get a suspension of the contract before a Belgian court by summary judgment, but they lost that case because the court ruled that the matter wasn't urgent enough. Thereafter, it went to the European Court of Justice in Luxembourg. Advocate-general Carl Otto Lenz said in September 1995 that the Walloon Region shouldn't have considered the changed offerte of EMI/Renault, and advizes that the contract be suspended. He stated that the government has to follow the rules of the free market, which means that all candidates should be treated equally, and that nationality or the location of the company should not play a role in giving the contract.

Since the busses already are delivered, the contract cannot be suspended any more, and only a compensation for the damage is possible. This compensation can be as big as 6,2 million euro, and it looks like Van Hool would have to sue the Walloon government again to get this compensation. However, the Walloon government adviced Van Hool not to do so, becuase it had to buy 300 new busses in the near future...