Application devoid of purpose after withdrawal of exclusion of tender and award of framework agreement for access control installations City of Ghent — costs charged to respondent
The Council of State rejected the suspension application by NV SERIS TECHNOLOGY against the City of Ghent's decision to exclude its tender for the framework agreement for emergency repairs, maintenance and renovation of access control installations as irregular and to award the contract to a third party, as the City of Ghent had withdrawn the contested decision, rendering the application devoid of purpose, with costs charged to the City of Ghent.
What happened?
The City of Ghent tendered a framework agreement for emergency repairs, maintenance and renovation works on access control installations belonging to its patrimony. NV SERIS TECHNOLOGY's tender was excluded as irregular on 12 September 2024, with the contract awarded to a third party. SERIS TECHNOLOGY filed an urgent suspension application on 8 October 2024. On 10 October 2024 — the same day the hearing was scheduled — the City of Ghent withdrew the contested decision. At the hearing on 6 November 2024, the Council found the application devoid of purpose and inadmissible. Costs were charged to the City of Ghent: €200 court fee, €24 contribution and €770 procedural indemnity.
Why does this matter?
Together with ruling no. 261.351 (same day, same presiding judge), this case illustrates the pattern of contracting authorities withdrawing contested decisions shortly after a suspension application is filed. The withdrawal came within two days of the application. This shows that filing a suspension application can itself be an effective pressure tool to compel reconsideration.
The lesson
As a tenderer whose offer was excluded: filing a suspension application can quickly yield results. The rapid withdrawal (within two days here) suggests the authority itself had doubts. Maintain your application to secure the costs award. As a contracting authority: consider legal defensibility before excluding an offer.
Ask yourself
As a tenderer: was your offer wrongly excluded? Did you file in time? Did you maintain your application after withdrawal? As a contracting authority: is the exclusion legally defensible? Have you factored in the cost of potential withdrawal?
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 →