The auditor of the Belgian Council of State has advised rejecting the cancellation appeal of train manufacturer Alstom. Alstom had gone to court against plans by the railway company NMBS/SNCB to award an order for hundreds of new trainsets to the Spanish company Construcciones y Auxiliar de Ferrocarriles (CAF).

According to Alstom, there were several violations in the public tender process of the NMBS/SNCB, specifically in the way the railway company assessed the various applications. The company also accuses NMBS/SNCB of a lack of transparency regarding how it selected CAF.

On Tuesday, all parties were allowed to tell their story before the French-speaking chamber of the Council of State. Today, Wednesday, the case will also be heard before the Dutch-speaking chamber.

NGOs

Several NGOs also spoke during the hearing, accusing CAF of being closely involved in human rights violations and war crimes in Palestine. However, according to the auditor, the request from four NGOs to exclude CAF from the tender procedure for ordering new trains is inadmissible.

It should not be taken into account in a public procurement procedure. According to the auditor, no flagrant assessment errors were found, and the calculation methods used by the railway company in this tender were “sound.” 

NMBS/SNCB aims to install a maximum of 600 new trainsets by 2034, at an estimated cost of between €1.7 and €3.4 billion. The initial phase involves 180 trainsets, with a seating capacity of 54,000.

Difference in long-term costs

The Spanish company was reportedly not the cheapest candidate, but it did score the best across all the criteria considered. For example, CAF’s trains reportedly consume less energy, which makes a significant difference in long-term costs.

However, the Council of State suspended that initial decision because it lacked sufficient transparency. NMBS then performed several recalculations, which again showed CAF to be the best bidder. On July 23, CAF was confirmed as the preferred bidder. The Spanish company beat out the French Alstom and German Siemens.