Belgian police orders €6.7 million in next-generation trousers, loses at extreme urgency, withdraws its decision — and pays €1,218 to the Italian applicant
After SRL Cerbul obtained the extreme-urgency suspension of the award of a multi-year framework contract worth €6,720,780 for 'next-generation' trousers for the integrated police and defence (ruling n° 257.273 of 11 September 2023), the Belgian State withdrew the award on 8 November 2023, the Council of State lifted the suspension and ordered €1,218 in costs against the Ministry of the Interior.
What happened?
The Ministry of the Interior launched a public supply contract (ref. 2022 R3 083) for a multi-year framework agreement for 'next-generation' trousers for the integrated two-level police structure and defence. On 14 July 2023, the Minister of the Interior awarded the contract to SRL Sioen Nederland (Dutch law, subsidiary of the Belgian textile giant Sioen Industries specialising in professional and military uniforms) for €6,720,780 excl. VAT. SRL Cerbul (Italian law) was not selected. On 18 September 2023, Cerbul filed an annulment application with an extreme-urgency suspension request. The suspension was granted by ruling n° 257.273 of 11 September 2023 and the award was frozen. On 8 November 2023 — less than two months after the suspension — the State's counsel informed the Council of State of the withdrawal of the contested decision. The withdrawal was notified to all tenderers by registered letters on 13 November 2023 and by emails on 8 November 2023, with mention of appeal remedies, deadlines and competent body — all formalities for a definitive withdrawal. On 6 February 2024, the case was set for hearing on 28 February 2024. On 8 March 2024, the Council ruled: article 1 — no longer ground to rule; article 2 — the suspension ordered by ruling n° 257.273 is lifted; article 3 — the adverse party bears the costs (€400 roll fees, €48 contributions, €770 procedural indemnity = €1,218 on the Belgian State) and the intervening party bears its intervention costs (€150).
Why does this matter?
This ruling perfectly illustrates the dynamics of a high-stakes strategic public contract. First, the extreme-urgency suspension obtained by Cerbul stopped a €6.7 million contract, showing that even a foreign tenderer can effectively block a Belgian contract with a sound argument. Second, the State did not 'resist': less than two months after the suspension, it withdrew the decision, implicitly recognising the award was not defensible. Third, the withdrawal was notified with all formalities (appeal remedies, deadlines, competent body) to be definitive — a way to close the file without leaving a back door to the deprived beneficiary. Fourth, the cost treatment favours the applicant (€1,218 recovered) and even the unsuccessful intervener (Sioen) bears its own intervention costs (€150). For foreign tenderers: the Council treats appeals by Italian, French or Dutch operators on the same basis as Belgian appeals. For major uniform or defence equipment contracts: after a definitive withdrawal, the authority must launch a new procedure — several additional months of delay in practice.
The lesson
If you obtain an extreme-urgency suspension and the authority then withdraws the decision: don't consider the case won yet. Check that the withdrawal act has been notified to all tenderers with mention of appeal remedies — failing which the withdrawal is not definitive and could be challenged. Request formal lifting of the suspension (as here, article 2 of the ruling) and costs (article 3). For contracting authorities: after a suspension, if you decide to withdraw, scrupulously respect notification formalities (registered letters + emails + mention of appeal remedies) so the withdrawal is incontestable. For foreign tenderers: you don't need a registered office in Belgium to challenge a Belgian contract — elect domicile with a Belgian lawyer and the appeal is fully admissible.
Ask yourself
Have you obtained a suspension? Check that the authority correctly notifies any subsequent withdrawal (registered + email + appeal remedies). Does the withdrawal act mention the new appeal deadline for the deprived tenderers? Have you explicitly requested lifting of the suspension and procedural indemnity in your latest submissions? For foreigners: do you have effective election of domicile with a Belgian lawyer?
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 →