Urgent suspension request for modular special education school Woudlucht Heverlee moot after withdrawal of award decision the day after filing — implicit refusal also moot — costs charged to respondent
The Council of State rejected NV D.'s urgent suspension request against the award of the construction works for modular special education school Woudlucht in Heverlee by GO! Education as moot, after GO! withdrew the contested decision on 16 December 2025 — just one day after the request was filed on 15 December 2025 — with costs charged to the respondent.
What happened?
GO! Education awarded a construction works contract for a modular special education school in Heverlee to a third party. NV D. filed an urgent suspension request on 15 December 2025. GO! withdrew the award the very next day, 16 December 2025. The Council found the entire claim moot, including the implicit refusal to award, and charged costs to the respondent.
Why does this matter?
The lightning-fast withdrawal (one day after filing) signals awareness of potential defects in the award decision and strengthens the tenderer's position for damages.
The lesson
Rapid withdrawal after a suspension request avoids substantive review but signals awareness of defects. As tenderer, this strengthens your damages position.
Ask yourself
Was the award withdrawn the day after your filing? This signals the authority recognized potential issues. Consider pursuing 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 →