Lifting of suspension of drinking water supply material award after failure to file annulment appeal — contested decision had meanwhile already been withdrawn
The Council of State lifts the suspension ordered by ruling no. 257,165 of 8 August 2023 of the award to Isiflo and Evodis of lots 3 and 4 of a framework agreement for the supply of drinking water and sewerage materials, because NV Hydroko failed to file an annulment appeal after the suspension ruling — the management committee of AGSO Knokke-Heist had meanwhile already withdrawn the contested decision on 18 August 2023.
What happened?
The management committee of AGSO Knokke-Heist awarded lots 3 and 4 of the contract for supply of drinking water and sewerage materials (2023-2026) to Isiflo (lot 3) and Evodis (lot 4). NV Hydroko successfully obtained suspension under the extreme urgency procedure (ruling no. 257,165 of 8 August 2023). Ten days later, the management committee withdrew the contested decision. Hydroko subsequently failed to file an annulment appeal. Under Article 17, §4, third paragraph of the coordinated laws, the Council is required to lift the suspension when no annulment appeal is filed. The case was decided without hearing. The Council lifted the suspension and ordered costs against the respondent given the withdrawal. The intervening party (Isiflo) bears its own intervention costs.
Why does this matter?
This ruling illustrates two procedural mechanisms. First: a suspension under extreme urgency is interim — if the applicant fails to file an annulment appeal, the Council must lift it. Second: even when the suspension is lifted for this reason, costs are charged to the respondent if it withdrew the decision — acknowledging the suspension achieved its purpose.
The lesson
A suspension under extreme urgency is not an endpoint — it is interim and only holds if you file a timely annulment appeal. Failure to do so results in mandatory lifting. Plan both suspension and annulment from the outset. In practice, not filing an annulment may be justified if the authority has already withdrawn.
Ask yourself
As applicant: after obtaining suspension, have I also planned and filed my annulment appeal? If not, is that deliberate (e.g., because the authority withdrew) or an oversight? As contracting authority: if my award is suspended, do I draw conclusions promptly?
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 →