Urgent suspension request for frozen food supply 2026 OCMW Torhout moot after withdrawal of award decision — costs charged to respondent
The Council of State rejected NV S.'s urgent suspension request against the award by OCMW Torhout of the frozen food supply contract 2026 as moot, after the OCMW withdrew the award decision thirteen days after the application was filed, with costs charged to the respondent.
What happened?
OCMW Torhout awarded a frozen food supply contract on 20 November 2025. NV S. filed an urgent suspension request on 5 December 2025. On 18 December 2025, the OCMW withdrew the award decision before the scheduled hearing. The Council found the claim moot and charged costs (€200 court fee, €26 contribution, €770 procedural indemnity) to the respondent.
Why does this matter?
This ruling confirms the established pattern: withdrawal during pending suspension proceedings renders the claim moot but makes the contracting authority liable for all procedural costs.
The lesson
Withdrawal during a pending suspension procedure terminates it but leaves the contracting authority liable for costs. As an applicant, you recover costs but consider whether further steps are warranted.
Ask yourself
Considering withdrawal during pending proceedings? You bear the costs. Claim rendered moot by withdrawal? You recover costs but 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 →