Admissibility
The admissibility of an appeal before the Council of State is subject to strict conditions: interest in the plea, seriousness of the plea, timeliness of the appeal and payment of the court fee. Many claims fail on admissibility requirements.
CPAS Tournai withdraws award decision after challenge – suspension proceedings rendered moot
The suspension request was rejected because the CPAS withdrew the contested award decision before the hearing, meaning Damovo was no longer adversely affected. Damovo was nonetheless awarded costs.
Rehabilitation motorway A15/E42 Courcelles–Gouy-Les-Piéton: application rejected due to withdrawal of award decision before hearing, Walloon Region dismissed, costs borne by SOFICO
The Council of State rejects a suspension application against the award of a motorway rehabilitation contract (A15/E42) as inadmissible, because SOFICO withdrew the award decision before the hearing — the withdrawal operates retroactively so the alleged violations did not harm the applicant. The Walloon Region is dismissed as a party and costs are borne by SOFICO.
Project designer road works Jalhay: application rejected due to withdrawal of award decision before hearing, costs borne by the authority
The Council of State rejects a suspension application against a project designer contract for road works in Jalhay as inadmissible, because the municipality withdrew the award decision before the hearing — the withdrawal operates retroactively so the alleged violations did not harm the applicant, but costs are borne by the authority.
Council of State rejects annulment appeal against award of tennis and padel court concession in Lembeke due to lack of interest after termination and new procedure
The Council of State rejected the annulment appeal against the award of the concession for the operation and investment in the tennis and padel zone at the Lembeke sports centre to BV Padelworld, because the concession agreement had been unilaterally terminated by the concessionaire, a settlement had been reached, a new concession procedure with the same object had been launched, and the applicants had applied for the new procedure — leaving them without interest in the annulment of the original award decision.
Suspension request rendered moot after withdrawal of fire detection maintenance award — intervening party's suspension request never enrolled due to failure to regularise
The Council of State finds there is no longer any reason to rule on the extreme urgency suspension request by SA Alarmes Coquelet against the award of the fire detection maintenance contract to CGMI-Protect, as the respondent (SCRL Toit & Moi) withdrew the contested decision of 13 October 2023 — the withdrawal is definitive because CGMI-Protect's suspension request against the withdrawal decision was never enrolled due to failure to regularise within the Article 3bis deadline, and no annulment appeal was filed.
Annulment of ministerial refusal to sell municipal forest estate due to motivation by reference to non-appended opinion
The Council of State annuls the ministerial decree refusing the municipality of Aubange authorisation to sell the Domaine des Croisettes (136 ha of forest) by public auction, because the minister motivated the decision solely by reference to an opinion from the Department of Nature and Forests that was neither incorporated into nor appended to the decree and of which the parties had no knowledge.
Rejection of urgent suspension application for IT framework agreement due to non-payment of court fee — withdrawal after twelve days insufficient for reduction of procedural indemnity
The Council of State rejects the urgent suspension application by SA Orange Business Digital Belgium against the declaration of irregularity of its offer for an IT framework agreement of Paradigm Brussels, because the contribution and court fee were not paid before the closing of debates, and awards the base amount of EUR 770 procedural indemnity — twelve days between filing and withdrawal is not particularly short in urgent proceedings.
Council of State rejects appeals against irregularity declarations due to loss of interest — unchallenged award and non-award decisions have become final
The Council of State rejects the annulment appeals of CV LMJ Construct against the irregularity declarations of its tenders for lots 4 and 6 of a framework agreement for trailers for the federal police, because the applicant only challenged the irregularity declarations and not the non-award decision (lot 4) nor the award decision to NV A&C Noyens (lot 6), which have consequently become final, meaning that annulment can no longer lead to a chance of award.
This page shows all rulings of the Council of State (Belgium's supreme administrative court) on admissibility in public procurement. Each ruling is summarized by TenderWolf in plain language, with a legal lesson and a practical question to ask yourself. View all rulings →