The subject of this framework agreement consists of providing legal support by lawyers. The FLEMISH ENERGY AND CLIMATE AGENCY may assign one of the lawyers/law firms with which the contract is concluded (limited number per lot, which must achieve a score of at least 65) to represent it in a specific dispute before the judicial authorities or other dispute resolution bodies (curative), or to provide targeted legal advice regarding issues that may lead to lawsuits (preventive), or to provide general legal advice on this matter. This framework agreement thus only concerns the general appointment of lawyers and is – among other things regarding the duration – separate from the individual assignments (the representation in legal matters regarding a specific dispute) that are given based on it. This service contract pertains to the assistance and representation in legal matters of the Flemish Region and the Flemish Community regarding legal disputes (as plaintiff or defendant) before the courts and other dispute resolution bodies, and to the provision of legal advice in this regard. This assignment is a service contract in the sense of art. 2, 21° of the Act on Public Procurement of June 17, 2016.
LOT-0002
2
VEKA/Staf/KK/2025_01 - 2.
Lot 2: Disputes regarding regional energy legislation. The FLEMISH ENERGY AND CLIMATE AGENCY is also tasked with handling lawsuits on behalf of the Flemish Region at the Administrative Court section of the Council of State and at the courts and tribunals concerning, among other things, the agency's application of regional energy legislation. This concerns those administrative legal acts other than those related to the sanctioning powers of the agency. A non-exhaustive example of this is the authority of the FLEMISH ENERGY AND CLIMATE AGENCY in the context of environmentally friendly energy production (Chapter I of Title VII of the Energy Decree and its implementing regulations in the Energy Decision of November 19, 2010), including the calculation of the non-profit peaks and the banding factors (Article 7.1.4/1 of the Energy Decree of May 8, 2009), the extension of the support period for green electricity certificates (Article 7.1.1, §1, third paragraph et seq. of the Energy Decree of May 8, 2009), etc. The FLEMISH ENERGY AND CLIMATE AGENCY also handles lawsuits on behalf of the Flemish Region at the Administrative Court section of the Council of State and at the courts concerning these administrative legal actions. The requested legal support thus concerns both curative and preventive action.
LOT-0001
1
VEKA/Staf/KK/2025_01 - 1.
Lot 1: Disputes regarding administrative sanctions imposed by the FLEMISH ENERGY AND CLIMATE AGENCY. The FLEMISH ENERGY AND CLIMATE AGENCY is responsible for imposing the administrative fines mentioned in Chapter IV of Title XIII of the Energy Decree of May 8, 2009. This concerns, among others and not limited to, the administrative fines regarding: - Administrative sanctions for violations of the measures and obligations concerning the promotion of the use of renewable energy sources, combined heat and power, and rational energy use; - Administrative sanctions for violations or non-compliance with the energy performance legislation; - Administrative sanction for violations or non-compliance with the energy performance legislation for existing buildings; - Administrative sanction for non-compliance with the prohibition on the use of certain heating systems, technical installations, and technical construction systems, and building automation and control systems; - Administrative sanctions for violations or non-compliance with obligations regarding energy performance certificates; - Procedure and administrative fines for energy fraud; - Administrative sanction for non-compliance with requirements in relation to electromobility; - Administrative sanctions for violations of the conditions under which the support measures for energy renovations have been granted; - Administrative sanctions for violations or non-compliance with obligations regarding rationalization and use of renewable energy technologies by companies, non-commercial institutions, and public legal entities; - Administrative sanctions for non-compliance with obligations regarding the public availability of data by public authorities; - Administrative sanctions for violations or non-compliance with energy savings or CO2 savings obligations by government agencies. The FLEMISH ENERGY AND CLIMATE AGENCY is also competent for, among others, the suspension and withdrawal of recognitions of reporters (Article 13.4.7/1 of the Energy Decree of May 8, 2009), and the suspension and withdrawal of the recognitions of energy experts, training or examination institutions, and the certification of contractors (Chapter II of Title XI of the Energy Decision of November 19, 2010). The FLEMISH ENERGY AND CLIMATE AGENCY also handles lawsuits on behalf of the Flemish Region at the Administrative Court section of the Council of State and at the courts regarding these imposed administrative fines, suspension or withdrawal decisions. The requested legal support thus concerns both curative and preventive action. These lawsuits involve services of the Flemish government that belong to the Flemish Region or Flemish Community. In conclusion, the Flemish Region has previously been joined in the context of the fines imposed by the VNR regarding CHP and green electricity (Article 13.3.5 of the Energy Decree of May 8, 2009). In those cases, the contractor will also represent the interests of the Flemish Region, separate from the VNR.
LOT-0003
3
VEKA/Staf/KK/2025_01 - 3.
Lot 3: Disputes regarding regional climate legislation. The FLEMISH ENERGY AND CLIMATE AGENCY is also tasked with handling lawsuits on behalf of the Flemish Region at the Administrative Court section of the Council of State and at the courts regarding, among other things, the agency's application of regional climate legislation. The FLEMISH ENERGY AND CLIMATE AGENCY plays a central role in the implementation of the EU ETS in Flanders (approving changes to approved monitoring plans/monitoring methodology plans, approving verified ETS emissions and verified activity data from Flemish ETS installations, etc.). The requested legal support thus concerns both curative and preventive action. The lot “disputes regarding regional climate legislation” includes not only appeals for annulment of individual administrative legal acts imposed by the agency but also appeals for suspension and/or annulment of implementing decisions (ministerial decisions and decisions of the Flemish Government), for which the FLEMISH ENERGY AND CLIMATE AGENCY is tasked with practical follow-up by the minister/Vlaamse Government.
LOT-0004
4
VEKA/Staf/KK/2025_01 - 4.
Lot 4: Legal advice on energy and climate matters. Finally, the FLEMISH ENERGY AND CLIMATE AGENCY wishes to be assisted in general legal services, separate from the judicial procedures described in lots 1 to 3. This service includes, among others, providing advice on various legal aspects related to the policy operation of the agency, particularly regarding climate and energy law, as well as related regulations at the Flemish, federal, and European levels.