Suspension rejected means thirty days to say you're carrying on — Solidairement stayed silent and lost its appeal against the fruit-and-vegetables school contract
The Council of State declares discontinuance of proceedings in the non-profit Solidairement's annulment action against the Walloon Region's award of lots 13 and 17 of a framework agreement for the supply of fruit and vegetables to schools, because the non-profit failed to file a formal request to continue the procedure within the thirty-day statutory deadline after its suspension request was rejected.
What happened?
The Walloon Region organised a framework agreement for the supply of fresh fruit and vegetables to schools of the French and German-speaking Communities under the EU 'Fruits et légumes à l'école' programme for three consecutive school years (2023-2024 to 2025-2026). The non-profit Solidairement, based in Meix-devant-Virton, lost lots 13 and 17 and filed a single application on 19 October 2023 seeking both suspension and annulment. On 16 November 2023, the Council of State rejected the suspension (judgment no. 257.920), notified on 17 November. From that date, the thirty-day deadline in article 17, § 7 of the coordinated laws on the Council of State started running: a party wanting to continue the annulment action after a failed suspension must expressly request continuation. Solidairement did not. On 8 January 2024, the auditor proposed applying the accelerated article 11/3 procedure. On 11 January, the registry offered a hearing within fifteen days — again, no response. On 20 June 2024, the Sixth Chamber declared discontinuance and ordered Solidairement to pay the registry fee (€200), contribution (€24) and procedural indemnity (€770) to the Walloon Region.
Why does this matter?
Applicants who file a single application seeking both suspension and annulment often assume the annulment proceeds automatically if the suspension fails. Article 17, § 7 reverses that: without an express request to continue within thirty days, discontinuance is legally presumed. The deadline is peremptory and the registry does not send reminders before it expires.
The lesson
Lost a UDN or suspension? On the day of notification, put day 28 and day 30 in your diary. File a formal request to continue the procedure with the chief registrar before day 30. Do not wait for a letter from the registry — it only arrives after the deadline has passed.
Ask yourself
Your suspension request was rejected. Did you file a formal request to continue the procedure within thirty days of notification, with proof of receipt?
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 →