Withdrawing your urgent suspension at the last minute? You still pay the court fee and the other side's procedural costs
IGEMO filed an extreme-urgency suspension against an award decision by the Flemish Region, withdrew four days before the hearing, and was ordered to pay 200 euros in court fees plus 700 euros in procedural indemnity to the defendant.
What happened?
On 23 September 2016 the inter-municipal service organisation IGEMO filed an extreme-urgency suspension before the Council of State against the unknown-date award decision (with annexed award report of 12 August 2016) by which the Flemish Region had awarded a contract to the temporary commercial partnership 'The New Drive / APPM Management consultants / UHasselt / Goudappel Coffeng'. The Flemish Region filed a note. A hearing was scheduled for 11 October 2016 at 10:00. On 4 October 2016 — a week before the hearing — IGEMO's counsel announced by letter that their client had decided to withdraw. The Council of State (12th chamber, acting president Johan Bovin) recorded the withdrawal in a three-page judgment. The costs are blunt: court fee of 200 euros plus 700-euro procedural indemnity, all charged to IGEMO. Total: 900 euros. The substance of the dispute — what was wrong with the award to The New Drive consortium — never gets discussed.
Why does this matter?
Bidders often approach urgency procedures with a momentum mentality: 'file the urgency to freeze the timeline, then decide whether to go through with it'. This case is a reminder that such a strategy is not free. A withdrawal before the hearing still costs the court fee (200 euros) plus the defendant's procedural indemnity (700 euros base in procurement). And this applies to urgency proceedings where the merits were never examined.
The lesson
Before filing an urgent suspension, know whether you're prepared to see it through. Withdrawing close to the hearing does not avoid the financial sanction — at least 900 euros in court fees and indemnity. Negotiate amicably first where possible, before lodging the request.
Ask yourself
Your lawyer suggests filing an urgent suspension 'just to preserve the position'. Ask: (1) is there a serious ground we genuinely believe will hold? (2) is there an amicable way out (withdrawal, re-award) that can resolve this without litigation? (3) are we prepared to actually argue the hearing? Three hesitant yeses = probably negotiate first, don't litigate.
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 →