The principle of legitimate expectations could be invoked against that main rule’s application. Alternatively, it could be cited to support the application of the exception that is also part of the Didam rules: if objective, verifiable and reasonable criteria lead to the conclusion that there is only one serious candidate, no scope for competition need be provided by a public selection procedure. In an article in the recent edition of the Tijdschrift voor Bouwrecht construction law journal, Rick and Kateh take stock, discussing and analysing the most relevant case law on the subject to date. Read their article here (in Dutch).
Closer examination of the application of the principle of legitimate expectations in relation to the Didam rules
In the application of the well-known Didam rules, the principle of equality may conflict with the principle of legitimate expectations. Case law features multiple examples of this scenario, showing how a discrepancy between the two principles of proper administration may impact various situations. A discrepancy occurs if the main Didam rule – i.e. that scope for competition must be provided by means of a public selection procedure – applies and the principle of legitimate expectations is successfully invoked.
