Lifting of urgent suspension and rejection of annulment appeal for VDAB signage and exhibition materials framework agreement after withdrawal of award decision — costs charged to respondent
The Council of State lifted the urgent suspension ordered by judgment 263.915 of 8 July 2025 and rejected NV V.'s annulment appeal against VDAB's award of the signage and exhibition materials framework agreement as moot, after VDAB withdrew the contested decision on 27 August 2025, with costs charged to the respondent.
What happened?
VDAB awarded a framework agreement for signage and exhibition materials on 3 June 2025. An urgent suspension was granted on 8 July 2025 (judgment 263.915). NV V. filed an annulment appeal on 4 August 2025. VDAB withdrew the award on 27 August 2025. The Council lifted the suspension, rejected the appeal as moot (including the implicit refusal to award), and charged costs to the respondent. The case was decided without hearing under Article 26 §2.
Why does this matter?
This ruling shows the full procedural trajectory when a contracting authority withdraws after an urgent suspension is granted: the suspension is lifted, the appeal becomes moot, and the authority bears all costs.
The lesson
Withdrawal after a granted suspension ends the annulment appeal but means bearing all costs. As tenderer, a prior suspension order strengthens your position for a damages claim.
Ask yourself
Has the authority withdrawn after your suspension was granted? Consider pursuing damages given the prior finding that your grounds were serious.
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 →