The 15-day deadline runs from when you became aware of the specifications, not from the answer to your question on the forum
The Council of State declares Postalia's appeal against the specifications of the Centre Hospitalier de la Haute Senne inadmissible because it was filed on 25 March 2024 — more than 15 days after Postalia became aware of the specifications (at the latest on 1 March, the day it itself asked questions about those specifications on the e-Procurement forum).
What happened?
On 7 February 2024 the board of the Centre Hospitalier régional de la Haute Senne (a non-profit treated as an administrative authority within the meaning of article 14 of the Council of State Act) approved the specifications for a contract for 'collection and delivery of medical/professional and non-medical/private mail'. The contract notice was published nationally on 13 February with a link to the specifications. On 1 March 2024 Postalia Belgium asked questions about those specifications on the e-Procurement forum; the answers came on 11 March. Postalia submitted a bid on 15 March for the two lots, and only on 25 March 2024 filed an extreme-urgency suspension against the specifications (and on 15 April an annulment action). The question: when does the 15-day deadline of article 23 of the law of 17 June 2013 start? Postalia argued it began on 11 March — when the forum answers were published, since only then did it know 'the final scope' of the specifications. The Council rejected this. A specifications-approval decision needs no formal publication or notification: the deadline runs from the 'becoming aware of' the specifications. By asking questions on 1 March, Postalia showed it had taken note of the specifications before that date. The Council added an important principle: article 23 starts the clock 'from awareness of the act, not awareness of any illegality'. Forum Q&A does not change this: it only confirms the scope of what was already published, it does not modify the specifications (a modification would have required a new publication). The appeal, filed more than 15 days after the latest awareness date, was late. The Council therefore did not rule on its competence (disputed for a chapter XII non-profit) or on the merits. The suspension was rejected.
Why does this matter?
There is a widespread misconception among bidders that publication of Q&A on the forum creates a new 'starting point' for deadlines. This ruling makes clear it does not — unless the answer materially modifies the specifications, in which case a new publication should follow. Asking forum questions about a clause you find unlawful does not buy you extra time to go to the Council of State. The clock has been running since you could read the specifications — typically the date of contract notice publication. For bid managers: as soon as you open a specification document and think 'this is wrong' or 'this systematically disadvantages us', your deadline is already running. Choosing to bid first and only litigate later if dissatisfied almost always costs you the right to challenge the clause itself. For authorities: this is a strong defensive line against late challenges — always check when the bidder could have read the specifications (forum activity, downloads, questions).
The lesson
If you suspect an irregularity in a specification, your 15-day clock starts when you could have opened the document — typically the contract notice publication. Forum Q&A answers do not extend that deadline unless they trigger a formal modification (and then a new publication follows). Don't wait until after you submit your bid to challenge a clause — by then the boat has sailed.
Ask yourself
When you open a specification and think 'this clause is unlawful or unreasonable': note the date you read it. From that date you have at most 15 days to file an extreme-urgency suspension. Asking forum questions afterwards does not stop the clock. The only exception: the answer formally modifies the specifications — visible through a new contract notice publication.
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 →