The Council reopens the debate — and then the contracting authority just withdraws: you win 920 euros, your intervening competitor pays its own roll fee
CVBA Vergauwen & Helderweirt files an extreme-urgency application in September 2018 against lot 1 of the Ghent bailiff services contract; the Council reopens the debate, but on 11 October 2018 the City of Ghent withdraws the award decision itself, leaving the application moot and the intervening parties to bear 300 euros of roll fee themselves.
What happened?
On 16 August 2018, the executive college of the City of Ghent takes an award decision based on an evaluation report of 9 August 2018 in the public services contract for 'legal debt-collection services rendered by bailiffs' for the City of Ghent, OCMW Ghent and the Centrum Emergency Zone. Lot 1 is awarded to the joint venture GDW-Gent / Modero Antwerp. CVBA Vergauwen & Helderweirt files an extreme-urgency application on 31 August 2018. On 18 September 2018, judgment no. 242,363 does not directly decide on the suspension: the Council reopens the debate — a sign that the case was not clear-cut on the merits. On 11 October 2018, the Ghent college withdraws the contested decision. When the parties appear on 22 January 2019, there is factually nothing left to suspend: the award is gone. Acting president Johan Bovin (the same judge as in judgments 243,631, 243,634 and 243,635 on the same day) rejects the application as moot, or at least because Vergauwen & Helderweirt has lost its interest. Costs are charged to the City of Ghent — which had withdrawn itself: roll fee (200 euros), contribution (20 euros) and the requested 700 euro basic procedural indemnity. The intervening parties GDW-Gent and Modero, who had defended at the 22 January hearing, are ordered to pay the intervention costs: a 300 euro roll fee, half each. Practical outcome: Vergauwen & Helderweirt obtained the desired effect (the award to its competitors disappeared), GDW-Gent and Modero lost the contract and additionally paid their own intervention roll fee.
Why does this matter?
When the Council reopens the debate in extreme urgency instead of deciding directly, it is rarely a neutral signal: the case is complex enough that neither suspension nor rejection seems justified at the first hearing. For bidders, a reopened debate often means the contracting authority gets a chance to sharpen its reasoning — or to withdraw. As contracting authority you should read the signal: the auditor typically has a suspension advice ready, and the reopening is often proof that the reasoning wobbles. For intervening winners there is a second lesson: intervening in extreme urgency is not free. One party = 150 euros roll fee; a joint venture with two members means 300 euros combined, jointly divided. When the contracting authority withdraws meanwhile — common in the bailiff sector where long-term relationships matter — the intervening party is left with that roll fee alone.
The lesson
As contracting authority confronted with an extreme urgency where the Council reopens the debate: this is a warning that your reasoning will not hold. Consider withdrawing before a second hearing leads to a more elaborate and critical suspension judgment. As bidder under attack and as intervening party defending: know that a withdrawn award on your side also means a withdrawn cost reimbursement for your intervention. And in a joint venture: agree in advance who bears the intervention roll fee, because that is not in the standard contract.
Ask yourself
Has the Council reopened the debate in your extreme-urgency case without immediately suspending? Read that as a yellow card on the contracting authority's reasoning — prepare your second hearing assuming the auditor will be more critical.
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 →