Grand Casino Brussels licence suspended after legal challenge
The incumbent operator claims the selection process for the Brussels casino licence contained errors and lacked justification.
Belgium.- The Belgian Council of State has suspended the new 15-year licence awarded to Napoleon Games to operate the Grand Casino Brussels, following a legal challenge brought by incumbent operator Viage. According to Belgian media, Viage, which has run the Brussels casino since 2010 and narrowly finished second among five bidders in the most recent competition, had contested the decision on several grounds.
Viage argued that the selection process failed to properly apply criteria, lacked sufficient justification and contained what it described as significant errors in assessment. It also claimed that there could be a potential conflict of interest involving Brussels mayor Philippe Close because he sits on the board of directors of Anderlecht football club, with which Napoleon Games has a partnership. He reportedly did not withdraw from discussions surrounding the awarding of the €750m Brussels casino concession.
After reviewing Viage’s request for suspension, the Council of State ruled in favour of the existing licence holder. In its judgment, the court identified a number of issues with the tender process, particularly concerning the explanation provided for the decision and adherence to European regulatory requirements. It concluded that “not all elements of the tender specifications had been adequately taken into account” and that some of the considerations used in the assessment “do not appear to be relevant”.
The court also determined that obligations arising from European rules governing foreign subsidies that distort the internal market had not been respected.
“We’re pleased that the Council of State has ruled in our favour,” Viage spokesperson Siham Makrache is quoted as saying. “We expect the case, on which we have worked for years, to be reviewed and for this to be done correctly.”
What now for the Grand Casino Brussels licence?
The Brussels casino is an important source of revenue for the local authority, generating annual royalty payments of around €10m for the City of Brussels. The ruling leaves city authorities with several possible courses of action.
Officials could restart the concession process entirely. However, that would be likely to take several months, and Viage’s current licence is due to expire on December 31. Alternatively, the city could maintain its selection of Napoleon Games but revise the reasoning behind the decision to strengthen its legal basis. A third possibility would involve reassessing the bids submitted.
Viage has expressed opposition to restarting the tender process, arguing that this “would cost us another year.” “We are asking for certainty, not temporary solutions or extensions,” it said.
Whichever option is chosen, further legal challenges from unsuccessful applicants remain a possibility.
A spokesperson for mayor Close said: “The City takes note of the Council of State’s ruling. We are carefully examining the judgement to determine what next steps we need to take. At this stage, it’s still too early to comment further.”
