Wase Werkplaats suspension request against Sint-Niklaas weed control framework agreement award moot after withdrawal of challenged decision — costs charged to respondent
The Council of State dismissed Wase Werkplaats's urgent suspension request against Sint-Niklaas's award of a preventive weed control framework agreement to Krinkels, as the challenged decision had been withdrawn by the municipal executive on 15 January 2024, rendering the request moot, with costs charged to the respondent.
What happened?
Sint-Niklaas tendered a framework agreement for brushing and sweeping paved surfaces for preventive weed control. Wase Werkplaats filed a suspension request on 12 January 2024. On 15 January 2024, the municipal executive withdrew the challenged award decision, rendering the request moot. Costs were charged to the respondent.
Why does this matter?
Withdrawal of the challenged decision during suspension proceedings renders the request moot. Costs are charged to the authority that withdrew its decision.
The lesson
Tenderers: the authority may withdraw the challenged decision after you file, rendering your request moot. Authorities: withdrawal after a suspension request means you bear the procedural costs.
Ask yourself
Is the challenged award decision still in force or has it been withdrawn?
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 →