Attero is holding four municipalities liable for directly awarding a waste processing contract to Omrin without a public tender. Read all the details here.
Key Takeaways
- Attero holds four municipalities responsible for directly awarding a waste processing contract to Omrin without a public tender.
- The case is based on a ruling by the Court of Justice of the European Union regarding quasi-in-house procurement.
- Attero argues that Omrin does not meet the necessary criteria for this procurement exception under the Public Procurement Act 2012.
- The company claims to have suffered damages from the lack of opportunity to bid, highlighting the importance of fair competition.
- Attero emphasises that transparent tender processes foster innovation and sustainability in the waste market.
Dutch waste management company Attero has formally held the municipalities of Groningen, Westerkwartier and Het Hogeland, as well as the Afvalbeheer Regio Centraal Groningen (ARCG), liable for the direct award of waste processing agreements to Omrin. The company contends this was done without the required prior European tender procedure.
The action is based on a ruling by the Court of Justice of the European Union on 15 January 2026 (Case C-692/23), concerning quasi-in-house procurement. This procurement exception allows a contracting authority to award a contract directly to an entity it controls, provided that the entity meets the “activity criterion”. This criterion requires that more than 80 per cent of the entity’s turnover must come from tasks assigned by the controlling contracting authorities.
Breach of Procurement Law
The court’s judgment confirms this interpretation. According to Attero, public waste processing companies in the Netherlands, such as Omrin, do not meet this condition. Therefore, they do not satisfy the requirements for quasi-in-house procurement as stipulated in the Public Procurement Act 2012.
Attero argues that the municipalities and ARCG should not have awarded the contracts directly to Omrin without a public tender process. By doing so, they acted in breach of the Public Procurement Act 2012.
“Attero attaches great importance to public authorities acting within the frameworks of the Public Procurement Act and the Market & Government Act and respecting the tender rules,” stated Paul Ganzeboom, CEO of Attero. “In tenders, municipalities can specify exactly how they want their waste to be processed. A transparent tender process also ensures the best price-quality ratio for the taxpayer.”
Claim for damages
Attero asserts that the direct award denied it the opportunity to bid for the processing agreements. The company claims to have suffered damages as a result, including lost profits and losses incurred from the forced dismantling of the Vagron Groningen site following the termination of previous contracts.
The company emphasises that fair competition and transparent tenders contribute to innovation and sustainability within the waste market.
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