Urgent suspension request for Walloon cybersecurity framework agreement inadmissible after retroactive withdrawal of award decision — alleged violations did not harm applicants
The Council of State rejected the urgent suspension request by PROXIMUS against the award of a 24/7 cybersecurity incident response framework agreement for the Walloon territory, finding the request inadmissible after the Agence du Numérique retroactively withdrew the contested award decision, meaning the alleged violations did not harm or risk harming the applicants.
What happened?
The Agence du Numérique awarded a cybersecurity incident response framework agreement to the NRB consortium. PROXIMUS's offer was declared irregular. After PROXIMUS filed an urgent suspension request, the Agency withdrew the award decision with retroactive effect. The Council found this made the request inadmissible under Article 14 of the Public Procurement Remedies Act.
Why does this matter?
This ruling shows that retroactive withdrawal of an award decision renders pending suspension requests inadmissible, as the alleged violations can no longer harm the applicants.
The lesson
A contracting authority can avoid substantive review by quickly withdrawing a contested award decision. As tenderer, be prepared that withdrawal may render your claim inadmissible.
Ask yourself
Has the contracting authority withdrawn the contested decision? Check whether your claim remains admissible.
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 →