Urgent suspension request for Kloosterbeemden development works rejected for non-appearance of applicant — Article 11(3) Royal Decree 19 November 2024 applied
The Council of State rejected NV W.'s urgent suspension request against the award of development works at Kloosterbeemden by the Agency for Nature and Forests, after the applicant notified the evening before the hearing that it would not appear and no longer insisted on the appeal, applying Article 11(3) of the Royal Decree of 19 November 2024.
What happened?
The Agency for Nature and Forests awarded development works at Kloosterbeemden on 2 December 2025. NV W. filed an urgent suspension request on 26 December 2025. On the evening of 13 January 2026 (the day before the hearing), NV W. notified it would not appear and no longer pursued the appeal. Under Article 11(3) of the Royal Decree of 19 November 2024, the request was rejected and costs (€200 court fee, €26 contribution, €770 procedural indemnity) were charged to the applicant.
Why does this matter?
This ruling applies the new summary proceedings rules (2024 Royal Decree): non-appearance triggers automatic rejection with costs borne by the applicant, including the procedural indemnity.
The lesson
Abandoning your suspension request means bearing all costs including the procedural indemnity. Communicate formally and timely.
Ask yourself
Considering abandoning your suspension request? You bear all costs. Communicate with counsel early.
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 →