UHasselt withdraws spectrometer award decision – urgent suspension application rendered moot, university bears costs
The executive board of Hasselt University withdrew the contested award decision on 2 June 2023, three weeks after Te Lintelo Systems filed its application; the 12th chamber found the case moot but ordered the university to pay the costs (994 euros).
What happened?
Hasselt University awarded a supply contract for a spectrometer and two optical detectors (tender 2023-004) to Andor Technology Limited. The Dutch company Te Lintelo Systems filed an application for suspension under the extreme urgency procedure on 25 May 2023. Before the virtual hearing of 13 June 2023, the university's executive board adopted a new decision on 2 June 2023 withdrawing the contested award. The 12th chamber, chaired by acting president Patricia De Somere, ruled the application moot and dismissed it. Because the university itself had initiated the withdrawal, the full costs (200 euro filing fee, 24 euro contribution, 770 euro procedural indemnity) were imposed on the university.
Why does this matter?
For contracting authorities in the research and university sector, this is a brief but instructive case: scientific equipment with high-tech specifications attracts international bidders who are prepared to litigate quickly. An urgent suspension application must be handled within very tight deadlines, and the most pragmatic exit is often to withdraw the award decision before the hearing. That avoids an adverse substantive ruling but costs the losing party's full expenses – plus a complete re-evaluation under time pressure.
The lesson
For contracting authorities: if an urgent suspension application is filed and a second look reveals weaknesses in the award decision, an early withdrawal is tactically defensible – but expect around 1,000 euros in costs per withdrawal and serious time pressure for a new evaluation. For bidders: an urgent suspension application is leverage as much as a legal remedy. Even without a substantive ruling, it can force an authority to reconsider, and the procedural indemnity partially compensates your costs.
Ask yourself
Would my evaluation report survive an urgent suspension application within 15 days, or will I end up withdrawing the award decision as soon as the first submission arrives?
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 →