Ten days after your urgent suspension claim, the contracting authority withdraws the award itself — and pays the costs
The Council of State dismisses NV Monument Vandekerckhove's urgent suspension claim as devoid of purpose because the city of Wervik withdrew the award to NV Francovera ten days after the filing, but orders the city to pay all procedural costs (€994).
What happened?
On 15 January 2024, the college of mayor and aldermen of Wervik took a composite decision on the works contract 'Renovation of d'Arke - lot 1: restoration and shell construction' (ref. 2023008-GEB014): selection of NV Francovera, award to NV Francovera and non-award to NV Monument Vandekerckhove. Monument Vandekerckhove filed an urgent suspension claim on 9 February 2024. Ten days later, on 19 February 2024, the Wervik college withdrew the contested decision itself. At the hearing on 29 February 2024, the auditor confirmed the claim was devoid of purpose or the applicant had lost its interest. The Council of State dismissed the claim but ordered the city to pay all costs: €200 roll fee, €24 contribution and €770 procedural indemnity, totalling €994 payable to Monument Vandekerckhove. Although the wording 'the Council dismisses the claim' seems negative, it is a procedural dismissal (lack of purpose), not a ruling on the merits — the applicant effectively won.
Why does this matter?
Many bid managers hesitate to file urgent suspension claims because they see them as heavy, expensive proceedings with uncertain outcomes. This ruling shows another scenario: the contracting authority withdraws the decision itself before merits review, probably because its legal department reads the application and concludes the award is not defensible. This happens more often than expected — and when it does, you recover your roll fees and get a procedural indemnity.
The lesson
If you have solid grounds to challenge an award, don't be deterred by the cost. An urgent suspension claim costs €200 roll fee + €24 contribution (plus lawyer fees), but if the authority decides to withdraw — which happens regularly once its legal department reads the claim — you recover these costs and receive a €770 procedural indemnity. For contracting authorities: if you read an urgent suspension claim and conclude your award is not defensible, withdraw as quickly as possible.
Ask yourself
If you are considering an urgent suspension claim: do you have a serious ground (e.g. a motivation gap, a wrong assessment of a knockout criterion, a manifest breach of the tender documents)? If yes, go for it — even if you think your chances of a merits ruling are slim.
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 →