The Council of State has dismissed an appeal by Siemens and rejected a request from NGOs, clearing the way for Belgian state railway NMBS / SNCB to move forward with its plans to order hundreds of new trainsets from Spanish manufacturer CAF. A ruling on a parallel case brought by French rival Alstom is still pending.

On Friday, the Dutch-speaking chamber of Belgium’s highest administrative court ruled that NMBS / SNCB had acted properly in designating Construcciones y Auxiliar de Ferrocarriles (CAF), from the Basque Country in Spain, as preferred bidder for the supply of new MR30 / AM30 passenger trains. Siemens, from Germany, which had lost out on the contract, had contested the decision, but the Council found no evidence of procedural irregularities.

The framework agreement covers a minimum of 180 and up to 600 trainsets, worth between €1.7 and €3.4 billion. It represents what Belgian media have called the “order of the century,” with huge implications for the railway’s long-term fleet renewal and for industrial jobs in Belgium.

Siemens appeal rejected

Siemens argued that NMBS / SNCB had mishandled the tendering procedure, claiming that the evaluation method was not disclosed in advance and that sub-criteria were determined retroactively. The German company also contended that NMBS / SNCB should have pursued longer negotiations to secure the best possible price-quality balance.

In the assessment process, CAF achieved the highest overall score with 77.21 points out of 100, ahead of Alstom with 74.91 and Siemens with 68.99. The evaluation covered price, technical qualities and delivery conditions.

The Council of State dismissed Siemens’s objections, stating that the company had “at first sight not demonstrated that there would be a new, previously unannounced assessment method or sub-criteria determined after the fact.” The allegation that NMBS / SNCB had insufficiently encouraged competition was likewise rejected. According to the ruling, “at first sight it is not plausible that the procedure created a risk of favouritism”.

NGO intervention also turned down

The case also heard from civil society groups. Four NGOs – including 11.11.11, Vrede, Intal (Globalize Solidarity) and Al Haq Europe – had urged the court to block CAF’s selection, citing the company’s involvement in the construction of a tram line linking West Jerusalem with Israeli settlements in the occupied Palestinian territories. They argued that NMBS / SNCB should not award contracts to companies complicit in human rights violations.

The Council of State rejected their request to intervene, ruling that the procurement procedure had not been compromised on those grounds.

Parallel Alstom case still open

Alstom, which also missed out on the tender, has lodged a separate appeal before the French-speaking chamber of the Council of State. That case has yet to be decided, but earlier this month the Council’s auditor already advised rejection, as in the Siemens case. A decision is expected in the coming days.

The manufacturer from France has a strong industrial presence in Belgium, with plants in Bruges and Charleroi. The political debate has been particularly sensitive because of fears that losing the contract could threaten jobs at these sites. Trade unions and local politicians have pressed the federal government and NMBS / SNCB’s management to consider the consequences.

NMBS / SNCB response and next steps

NMBS / SNCB said it “takes note” of the Council’s ruling and awaits the outcome of the Alstom case. If the French-speaking judges reach the same conclusion, the train operator will be free to finalise negotiations with CAF.

The order foresees at least 180 trainsets, providing some 54,000 seats, with deliveries running until 2032. The deal is intended to underpin NMBS / SNCB’s long-term fleet renewal strategy. The final award of the contract must still be approved by the company’s board of directors.

In the coming months, attention will also turn to how far CAF relies on Belgian suppliers in fulfilling the order. The degree of local involvement will be politically scrutinised, particularly given the scale of the investment and concerns over industrial employment.

A pivotal moment

For NMBS / SNCB, the ruling represents a crucial step in securing its largest rolling stock order in decades. For Siemens and Alstom, it underscores the limits of legal challenges to major European tenders.

If the French-speaking chamber follows the same line as its Dutch-speaking colleagues, CAF will be confirmed as preferred bidder for a contract that is not only financially enormous but also symbolically significant for Belgium’s rail future. 

The outcome will also determine whether political pressure intensifies further – over human rights concerns linked to CAF’s international activities and over the economic fate of Alstom’s Belgian factories.

UPDATE 24.09.2025 | Council of State also rejects Alstom appeal against NMBS order with Spanish train manufacturer

The Council of State has also dismissed the appeal lodged by train manufacturer Alstom, which has a factory in Belgium, against NMBS /SNCB’s plans to have hundreds of new trainsets built by CAF under a multi-billion euro contract. CAF won the tender for the project.

The decision is final. NMBS /SNCB can now begin negotiations with CAF, with its board of directors ultimately deciding whether the contract can go ahead.

The AM30 / MR30 case

• NMBS / SNCB’s AM30 / MR30 order faces political and legal headwinds as costs of delay mount.
• BELGIUM | NMBS / SNCB confirms CAF as preferred bidder for AM30.
• Spanish CAF to provide trains for NMBS / SNCB AM30.
• VIDEO | NS present CAF Civity Duo ‘Dubbeldekker Nieuwe Generatie’, poised to be the NMBS / SNCB AM30.
• NMBS / SNCB 2030 AM30 three-car units to feature battery option for cross-border routes.