If you don't request continuation after a suspension, your decision is annulled automatically — AGB Deinze let its theatre-seats award be annulled without a fight
AGB Deinze tried to award a sub-lot for theatre seats as 'additional works' to the main contractor Strabag, was suspended in October 2019, and three months later saw the entire award annulled because it failed to request continuation of the proceedings.
What happened?
The Autonomous Municipal Company of Deinze (AGB Deinze) is building the 'Leietheater' cultural centre. The main contractor for the architecture and stability lot was Strabag Belgium. When it came to sub-lot 8 (delivering, mounting and commissioning theatre seats) of lot 5 'Theatre Techniques', AGB Deinze chose a striking shortcut on 20 August 2019: instead of a separate procurement procedure, it decided to ask main contractor Strabag for a price-adjustment proposal under article 37 of the Royal Decree of 14 January 2013 (general implementation rules) and award the sub-lot to Strabag as additional works on the basis of that proposal. NV MPRA, which lost the chance to bid for the theatre seats, requested suspension under extreme urgency. By judgment no. 245.684 of 8 October 2019 the Council of State granted that request. The judgment was notified to AGB Deinze on 14 October 2019. Then nothing happened. On 5 December 2019 (for MPRA) and 29 November 2019 (for AGB Deinze) the chief registrar served the notice under article 11/2, § 1 of the Regent's Decree: the thirty-day window had now started during which the respondent — or any interested party — had to request continuation of the proceedings, failing which the suspended decision would be annulled under the accelerated procedure. Neither party asked to be heard. AGB Deinze filed no request to continue. Accordingly, the 12th Chamber ruled on 14 January 2020 that 'there are grounds to annul the contested decision'. The award of sub-lot 8 as additional works to Strabag Belgium was annulled. AGB Deinze was ordered to pay the court fee (€200), the contribution (€20) and a procedural indemnity of €700 — the standard amount, since the Council saw no grounds to grant the increased indemnity of €2,800 requested by MPRA.
Why does this matter?
Many contracting authorities believe a UDN suspension is still 'survivable' — that they can quietly wait to see whether the contested decision holds up later on the merits. It doesn't. Since the reform of article 17 of the coordinated laws on the Council of State, annulment follows automatically if no one requests continuation within thirty days of notification. For bidders this means: a UDN suspension can lead to definitive annulment within a single procedure, with no separate annulment proceedings needed. For contracting authorities: sitting on your hands after a suspension is not a neutral option — it amounts to consenting to annulment.
The lesson
If you are a contracting authority and you want to keep the contested decision alive after a suspension judgment, you must expressly request continuation of the proceedings within thirty days of notification. If you don't, the Council of State annuls the decision without further debate. And if you are a bidder already holding a UDN suspension: track the article 11/2, § 1 deadline closely — silence on the other side hands you the annulment.
Ask yourself
You have a suspension judgment in hand, or just had to absorb one. Has the article 11/2, § 1 notice already been served? And if you are the respondent: have you filed a continuation request within thirty days, or consciously decided to let annulment happen?
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 →