File an extreme-urgency suspension and don't show up: request rejected, three pages later
The president of the VIth chamber rejects Eureca Mobile's extreme-urgency suspension request because neither the requester nor its lawyer attended the hearing — automatic default under article 11 of the Royal Decree of 2 April 1991.
What happened?
Eureca Mobile, a Wavre-based geolocation company, had filed a suspension and annulment request on 18 May 2018 against the award decision of the Department of Information and Communication Technologies (DTIC) of the Service Public de Wallonie regarding tender SPW-DGTC-DTIC_2017_M087 — a contract for geolocation services. The Walloon Region's note and administrative file had been filed. Court fees had been paid. Auditor Elisabeth Willemart had drafted her report under article 12 of the Royal Decree of 5 December 1991 on summary procedure. By order of 3 August 2018, the case was set for hearing on 5 September 2018 at 10 a.m. The order was filed on the Council of State's electronic platform on 6 August 2018, and an email was sent that same day to Eureca Mobile's counsel — both parties had opted for the electronic procedure. On 5 September 2018, the hearing day, neither Eureca Mobile nor its lawyer appeared. Present: chamber president Imre Kovalovszky, lawyer François Viseur for the Walloon Region, and auditor Elisabeth Willemart who delivered her concurring opinion. Article 11, paragraphs 2 and 3, of the Royal Decree of 2 April 1991 on injunction and penalty procedures before the Council of State, which also applies to extreme-urgency suspensions, is unforgiving: 'The requester or its lawyer and a duly authorised representative of the opposing party must be present. If the requester is neither present nor represented, the request is rejected.' No room for exceptions, no examination of the merits, no prima facie test. Default = rejection. The Council adds that document 8 of the administrative file — which contains Eureca Mobile's own offer — is kept confidential for the remainder of the procedure (an annulment appeal is still pending). Costs and procedural compensation are reserved — meaning they will likely be charged to Eureca Mobile in the annulment judgment.
Why does this matter?
This judgment is a procedural warning, not substantive case law. An extreme-urgency suspension is an exceptional regime: the Council of State sets aside all other cases to decide within weeks. In return, you, as requester, get one strict duty: be present at the hearing (or be represented by counsel). A mere written memorandum is not enough. Failing to appear — for whatever reason — leads to automatic rejection without any examination of the substance. For bid managers: before filing an extreme-urgency suspension, check the calendar and confirm your lawyer's attendance (or a substitute colleague). A UDN hearing can be scheduled at very short notice — typically 2-4 weeks after filing — and is rarely postponed. Award proceedings continue meanwhile. A rejected extreme-urgency suspension does not preclude annulment, but if the contract has been awarded to a third party, your position is significantly weakened.
The lesson
If you file an extreme-urgency suspension, immediately block the hearing date in your lawyer's calendar AND that of a substitute. The Council of State often schedules UDN cases only a few weeks ahead and rarely reschedules — a foreign trade-fair appointment, illness, or administrative oversight means your entire request is rejected. Also always check your lawyer's inbox for notifications from the electronic platform: the warning is sent that way only.
Ask yourself
Have you filed an extreme-urgency suspension and confirmed both the hearing date and your lawyer's attendance (with a back-up)? Is your lawyer monitoring the Council of State's electronic platform inbox?
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 →