Rejection of suspension application for procurement of portable X-ray systems for Defence: retroactive withdrawal of award decision eliminates harm condition
The Council of State rejected the suspension application by Israeli company VIDISCO LTD against the award decision by the Minister of Defence for portable X-ray systems, because the retroactive withdrawal of the award decision eliminated the harm condition under article 14 of the Act of 17 June 2013.
What happened?
The Minister of Defence awarded a supply contract for portable X-ray systems to NOVO DR Inc. under the Defence and Security Act of 13 August 2011. VIDISCO LTD filed a suspension application on 17 November 2025. The contracting authority withdrew the award decision on 26 November 2025 with retroactive effect. The Council declared the application inadmissible as the harm condition under article 14 was no longer met. Costs were reserved.
Why does this matter?
This ruling confirms that retroactive withdrawal of an award decision renders a suspension application inadmissible by eliminating the harm condition, including for defence and security procurements.
The lesson
Retroactive withdrawal of an award decision effectively neutralises a pending suspension application. As a tenderer, be aware that the contracting authority may withdraw after your application is filed.
Ask yourself
Has the contracting authority withdrawn the award decision after your suspension application? If so, your interest in the suspension proceedings is likely eliminated.
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 →