Suspension denied? The 30-day clock starts ticking — silence costs you 900 euros
Eurotech Benelux loses not only the contract but also pays 900 euros in costs because, after its suspension request was denied, it failed to file a request to continue the proceedings within the legal 30-day deadline.
What happened?
On 3 August 2015, the Municipal Port Authority of Antwerp decided not to award the contract for the carriage-paid delivery of rubber cylindrical fenders (specifications B10288) to BV Eurotech Benelux, awarding it instead to a competing Spanish company. Eurotech filed a suspension and annulment action before the Council of State on 14 August 2015. On 17 December 2015, the Council rejected the suspension (judgment No. 233.288). That judgment was served on Eurotech on 28 December 2015. Under Article 17, §7 of the coordinated laws on the Council of State, Eurotech then had 30 days to file a request to continue the proceedings — failing which an abandonment of the case is presumed. Eurotech did nothing. On 18 February 2016 — nearly two months after service — the chief clerk, at the auditor's request, formally notified Eurotech that the deadline had passed. Eurotech did not request a hearing. On 6 September 2016, the 12th Chamber (acting president Johan Bovin) declared the case abandoned and ordered Eurotech to pay 200 euros in court fees and 700 euros in procedural compensation to the Port Authority — 900 euros total. The award itself was never reviewed on the merits, not because it was correct, but because a procedural deadline was missed.
Why does this matter?
Many bidders confuse a denied suspension with the end of the procedure. That is a costly mistake. Article 17, §7 of the Council of State Acts presumes abandonment if no continuation request is filed within 30 days of service of the rejection judgment. You lose not only your annulment action — you also pay the other side's procedural compensation. In large files, that quickly amounts to several thousand euros. A denied suspension says little about the merits: suspension tests (irreparable serious harm, prima facie serious grounds) differ materially from the substantive annulment review.
The lesson
When your suspension is denied, immediately diary the 30-day deadline from service of the judgment. Even if you doubt whether to continue: file the continuation request to preserve your rights. A later tactical withdrawal costs only the court fee; a presumed abandonment due to inaction costs you the other side's procedural compensation as well. Brief your counsel before the deadline expires, even if the suspension was 'well-reasoned' in its rejection.
Ask yourself
Your suspension was denied. You're weighing whether the annulment action is still worthwhile. Service was made two weeks ago. Have you filed a continuation request? If not: you have 16 days left — after that you lose both the action and pay the costs.
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 →