Food supply CPAS Verviers: withdrawal of proceedings for failure to request continuation after rejection of suspension application
The Council of State decrees withdrawal of proceedings in an annulment action against the non-selection of a tenderer for a food and cleaning products supply contract for CPAS Verviers, because the applicant failed to request continuation of the procedure within thirty days after rejection of its suspension application — the statutory presumption of withdrawal under Article 17(7) of the Coordinated Laws applies.
What happened?
CPAS Verviers tendered for the supply of food and cleaning products in three lots. Materne Dormal was not selected because its electronic deposit report was not signed, preventing the authority from considering the regularisation documents. The contract lots were awarded to Alpheios Belgium, Boma and Lyreco respectively. Materne Dormal filed for annulment and suspension (UDN) on 3 February 2025. The UDN application was rejected on 18 March 2025 (judgment no. 262.644). Under Article 17(7) of the Coordinated Laws, when a suspension application is rejected, the applicant must request continuation of the procedure within thirty days after notification. Materne Dormal failed to do so, and also failed to respond to the registry's warning under Article 11/3 of the General Rules of Procedure. Withdrawal of proceedings was decreed. Costs were borne by the applicant.
Why does this matter?
After rejection of a suspension application, the applicant has only thirty days to request continuation of the annulment procedure. Failure creates an irrebuttable statutory presumption of withdrawal, definitively ending the annulment proceedings. The applicant bears procedural costs.
The lesson
As a tenderer: when your suspension application is rejected, immediately note the notification date and file for continuation within thirty days. This deadline is absolute. As a contracting authority: after a rejected suspension application, check whether the thirty-day deadline has passed — if so, your decision is in principle definitive.
Ask yourself
As a tenderer: has your suspension application been rejected? Have you noted the thirty-day deadline? Have you filed for continuation? As a contracting authority: has the thirty-day period expired without a continuation request?
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 →