A contract for the construction and refurbishment of educational buildings in Eupen, Belgium is currently the subject of an infringement proceeding by the European Commission. At the centre of this row is the contracting authority’s use of an advertised negotiated tender. The Commission notes that the use of the negotiated procedure is only available in exceptional circumstances (e.g. where the nature of the works or the attached risks, do not permit prior overall pricing). The Commission claims that the use of the procedure was not justified in this instance. Although the contract is advertised, the Commission considers that the negotiated procedure is insufficiently transparent and that the restricted procedure should be used.