Extreme urgency suspension request moot after withdrawal of award decision by contracting authority
The Council of State rejects the extreme urgency suspension request as moot and inadmissible, after the Province of West Flanders withdrew the contested award decision for a framework agreement for groceries and frozen products before the hearing — the respondent is however ordered to pay costs.
What happened?
The Province of West Flanders procured a supply contract for the purchase of groceries and frozen products through a one-year framework agreement (specifications 0304/2025/006). The contract was awarded to a third party. A.R. filed a suspension request under extreme urgency on 25 June 2025 against the award decision and the approved specifications. A first hearing was scheduled for 10 July 2025. However, on 3 July 2025 — before the scheduled hearing — the Province withdrew the contested decision. This withdrawal rendered the suspension request moot. The hearing was rescheduled several times and ultimately took place on 10 September 2025. The Council of State found that the request had become moot due to the withdrawal and rejected it as inadmissible. Nevertheless, the respondent was ordered to pay costs (court fee of €200, contribution of €26, and procedural compensation of €770 to the applicant), as the withdrawal was prompted by the filed appeal.
Why does this matter?
This judgment illustrates a common procedural scenario: the contracting authority withdraws the contested decision after a suspension request is filed, rendering the appeal moot. Importantly, the applicant still receives costs — the withdrawal is considered an acknowledgement that the appeal was not unfounded.
The lesson
As a contracting authority: withdrawing the award decision after an extreme urgency suspension request does render the request moot, but you will typically be ordered to pay costs. As a tenderer: be prepared that a withdrawal may neutralise your claim — but you will in principle be reimbursed for procedural costs.
Ask yourself
Are you considering withdrawing an award decision after an extreme urgency suspension request? Account for the procedural costs you will owe. As a tenderer, consider whether you also want to file an annulment appeal against a possible new decision after a 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 →