One unpaid 200-euro filing fee — and the entire suspension proceeding is deemed 'not undertaken'
The Council of State deems ACB-WJ Product Services' extreme-urgency suspension against the Flemish Region's award to Trafiroad 'not undertaken', because the 200-euro filing fee was never paid — not even after the auditor explicitly warned the applicant.
What happened?
On 12 July 2016, ACB-WJ Product Services filed an extreme-urgency suspension before the Council of State seeking to suspend an award decision by the Flemish Region. The delegated director had declared ACB-WJ's offer irregular and awarded the contract to Trafiroad nv. That is as far as the merits ever got. Under article 70, §1, first paragraph, 2° of the general procedural regulation (Regent's Decree of 23 August 1948), every suspension request requires the payment of a 200-euro filing fee. The fee must be paid via transfer or deposit using the structured reference shown on the transfer form sent by the registry. If the account is not credited with that exact reference, the procedural act for which the fee is owed is 'deemed not undertaken' (article 71, fourth paragraph). The auditor filed a report expressly warning that the suspension would be deemed not undertaken if, at the close of the debate, the fee remained unpaid. ACB-WJ read the report — and still did not pay. At the hearing of 18 October 2016 the Council had to confirm the awkward fact: the account had not been credited. The judgment, in two full pages of text, concludes: 'The Council of State considers the suspension request not undertaken.' No examination of the award, no review of the regularity of ACB-WJ's offer, no merits ruling. Trafiroad keeps the contract without the Council ever ruling.
Why does this matter?
A banal point with dramatic consequences. Extreme-urgency suspensions are the sharpest legal weapon in a losing bidder's arsenal: they are heard within weeks, can actually halt an award, and put pressure on the contracting authority. But they begin with a simple administrative act: paying 200 euro to a specific account with a specific structured reference. Miss that step and you lose everything — not on bad arguments, but on carelessness. This judgment is a warning: the Council does not give second chances, not even when the auditor explicitly flags the problem. For contracting authorities it is a reminder that not every threatening appeal makes it to the finish line, and a petition apparently in flight can fail on a purely procedural detail.
The lesson
If you file an extreme-urgency suspension, put fee payment at the very top of your internal checklist. The registry sends a transfer form with the structured reference. Use that EXACT reference — a payment without it, or with a different reference, will not be linked to your file. Keep the proof of payment in your file and, on the day of the hearing, check again that the account has been credited. If the auditor's report mentions an unpaid fee, that is not a suggestion but the last lifeline: pay that day. For contracting authorities: examine the procedural side of every incoming appeal too — a request can be formally absent despite an active case file.
Ask yourself
Did you file an extreme-urgency suspension today? Within 24 hours, check that you have received the registry's transfer form. Plan the payment of the filing fee (200 euro for suspension, 300 euro for intervention) so that the Council's account is credited before the hearing — using EXACTLY the structured reference on the form. No reference, no link to your case.
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 →