Lifting of previously ordered extreme urgency suspension due to failure to file annulment application
The Council of State lifts the suspension of the award decisions for a framework agreement for surveying services (three lots) previously ordered by judgment no. 262.745, because the applicant failed to file an annulment application after the suspension — the respondent is nevertheless ordered to pay costs.
What happened?
The Flemish Community awarded on 5 February 2025 a public service contract for a 'Framework agreement for the execution of various surveying services', divided into three lots. The tender of BV T. was declared void for all three lots. The contract was awarded to other tenderers. BV T. filed a suspension request under extreme urgency on 26 February 2025. By judgment no. 262.745 of 25 March 2025, the Council of State granted this request and suspended the execution of the three award decisions. After the suspension, however, BV T. did not file an application for annulment of the contested decisions. Article 17, § 8, fourth paragraph of the coordinated laws on the Council of State provides that when no annulment application is filed after a suspension has been ordered, the Council of State must lift the suspension. Neither party requested a public hearing. The proceedings were closed and the case taken under advisement on 3 September 2025. The Council of State lifted the suspension. Despite the lifting, the respondent was ordered to pay costs of the original suspension request (court fee of €200, contribution of €24, and procedural compensation of €770 to the applicant).
Why does this matter?
This judgment serves as a reminder that an extreme urgency suspension is not an end in itself but a provisional measure that must be followed by an annulment application. Failing to file an annulment appeal after obtaining a suspension results in the suspension being lifted — the contested decisions are revived and can be executed again.
The lesson
Suspension under extreme urgency is an intermediate step, not an endpoint. After a successful suspension, you must file an annulment application within the statutory deadline, otherwise the suspension is automatically lifted and the contracting authority can proceed with executing the award decision.
Ask yourself
Have you obtained an extreme urgency suspension? Ensure your lawyer files an annulment application in time. The suspension protects you only temporarily — without an annulment appeal, that protection lapses.
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 →