Extreme urgency suspension request moot after withdrawal of award decision for pruning works framework agreement
The Council of State rejects the extreme urgency suspension request as moot and inadmissible, after the city of Bruges withdrew the contested award decision for a framework agreement for pruning works (lots 1 and 2) before the hearing — the respondent is ordered to pay costs.
What happened?
The city of Bruges, by decision of the college of mayor and aldermen of 10 July 2025, awarded a framework agreement for pruning works (lots 1 and 2) to a third-party tenderer at the unit prices stated in their bid. NV K. filed a suspension request under extreme urgency on 1 August 2025 against this award decision. A first hearing was scheduled for 21 August 2025. However, on 11 August 2025 — before the scheduled hearing — the city of Bruges withdrew the contested decision. This withdrawal rendered the suspension request moot. The hearing was rescheduled 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. The respondent was ordered to pay costs (court fee of €200, contribution of €26, and procedural compensation of €770 to the applicant).
Why does this matter?
This judgment is one of many examples of withdrawal of an award decision after filing of an extreme urgency suspension request. The contracting authority can thus neutralise the procedure but is ordered to pay costs. For the applicant, this means the unlawfulness of the original decision is implicitly recognised, but no substantive ruling is rendered.
The lesson
A withdrawal of the award decision after an extreme urgency suspension request renders the request moot. The respondent is typically ordered to pay costs. As a tenderer: prepare for a possible new procurement procedure after the withdrawal. As a contracting authority: a withdrawal is procedurally effective but the costs are yours.
Ask yourself
Are you about to file an extreme urgency suspension request? Consider the possibility that the contracting authority may withdraw the decision. Consider whether to also file an annulment appeal in parallel to obtain a substantive ruling.
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 →