Urgent suspension request and annulment appeal against non-selection for VITO passenger transport framework agreement 2025-2029 moot after withdrawal — annulment appeal shares same fate as UDN request under Article 30 §5
The Council of State rejected both the urgent suspension request and the annulment appeal by BV C. and BV V. against VITO's decision to declare their offer irregular for the passenger transport framework agreement 2025-2029, after VITO withdrew the contested decision, with the annulment appeal — filed in the same application — sharing the same fate as the moot suspension request under Article 30 §5 of the coordinated laws.
What happened?
VITO tendered a passenger transport framework agreement (2025-2029). On 20 November 2025, VITO declared the applicants' offer irregular and did not select them. The applicants filed both an urgent suspension request and annulment appeal in a single application on 5 December 2025. On 15 December 2025, VITO withdrew the contested decision. The Council found the suspension request moot and applied Article 30 §5: the annulment appeal shared the same fate. Costs were charged to the respondent (€400 court fee, €26 contribution, €770 procedural indemnity).
Why does this matter?
This ruling illustrates how Article 30 §5 operates: when an urgent suspension request and annulment appeal are filed together and the decision is withdrawn, both claims become moot.
The lesson
Withdrawal after a combined application terminates both the suspension request and annulment appeal. Consider whether separate filing is strategically preferable and whether damages remain available.
Ask yourself
Did you file suspension and annulment in one application? Withdrawal makes both moot. Consider damages.
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 →