Urgent suspension request for anti-intrusion barriers Brussels police zone inadmissible after withdrawal — retroactive effect removes injury — hypothetical annulment of withdrawal irrelevant — costs charged to respondent
The Council of State declared Pitagone's urgent suspension request against the Brussels-Capital-Ixelles police zone's award of mobile anti-intrusion barriers (EU Fortress Light project) inadmissible after withdrawal, ruling that withdrawal operates retroactively so the alleged violations neither injured nor risked injuring the applicant, regardless of the hypothetical scenario that the withdrawal itself might later be annulled.
What happened?
The Brussels police zone awarded a contract for mobile anti-intrusion barriers on 20 October 2025 under the EU Fortress Light project. Pitagone filed an urgent suspension request on 12 December 2025. On 29 December 2025, the police college withdrew. At the hearing, Pitagone argued the withdrawal was not yet final, but the Council ruled admissibility is assessed on proven facts at the time of judgment, not hypothetical future developments. The claim was declared inadmissible but costs were charged to the respondent.
Why does this matter?
This ruling clarifies that retroactive withdrawal removes the injury requirement of Article 14, making the suspension request inadmissible regardless of whether the withdrawal itself might be challenged later.
The lesson
Withdrawal makes your suspension request inadmissible due to lack of injury. The argument that the withdrawal could be annulled does not save your claim. Focus on damages.
Ask yourself
Award decision withdrawn? You lose your suspension request even if the withdrawal could be challenged. Consider damages instead.
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 →