UDN rejected: desire to operate a concession personally is insufficient for extreme urgency — concession agreement already concluded and Council of State lacks jurisdiction to suspend the contract
The suspension request in extreme urgency against the award of the concession for nine evening markets in Blankenberge to J.M. is rejected — the concession agreement has already been concluded and the Council of State cannot suspend a concession contract (exclusive jurisdiction of ordinary courts), moral damage (reputational loss) can be remedied by an annulment judgment, and the desire to operate the concession personally does not constitute extreme urgency.
What happened?
The city of Blankenberge tendered a concession for the operation and organization of nine evening markets, estimated at 40,000 euros. Three offers were submitted: J.M. scored 137/160, I.D. scored 131/160, and DC Businessevents scored 105/160. The concession was awarded to J.M. I.D. and DC Businessevents sought suspension in extreme urgency, noting this was the second allegedly unlawful award (the first procedure was discontinued after an unfavorable auditor's report). The parties agreed that the Remedies Act did not apply. The Council of State found that the concession agreement had already been concluded. Suspending the award decision cannot suspend the contract — that falls within the exclusive jurisdiction of ordinary courts. Since no standstill obligation applied, the lack of fair play is irrelevant. Moral damage can be remedied by an annulment judgment. Urgency not established.
Why does this matter?
This ruling illustrates the limitations of UDN proceedings for concessions not covered by the Remedies Act. Without standstill obligations, the contract can be quickly concluded and the Council of State cannot suspend it. The desire to operate the concession is insufficient for extreme urgency.
The lesson
As tenderer for a concession: verify whether the Remedies Act applies. If not, no standstill applies and the contract can be concluded immediately. A UDN application becomes ineffective once the contract is signed — turn to ordinary courts instead. As contracting authority: if the Remedies Act does not apply, no standstill is required, but acting without fair play may create risks in annulment proceedings.
Ask yourself
Does the Remedies Act apply to my concession? Is the contract already concluded? Can I demonstrate extreme urgency with concrete facts beyond wanting to operate the concession myself?
About this database
The Council of State (Raad van State / Conseil d'État) is Belgium's supreme administrative court. In disputes over public procurement — from contract awards to tenderer exclusions — the Council of State is the final arbiter. The rulings in this database are summarised by TenderWolf in plain language, with practical lessons for tenderers and contracting authorities. View all rulings →