Appeal rendered moot: Walloon Region withdraws award decision for school fruit supply after suspension order in extreme urgency
FAWAY's annulment appeal against the award to FRESHO of fifteen lots of the service contract for supplying fruit and vegetables to schools has become moot — the Walloon Region withdrew the award decision on 8 December 2023, following the suspension order in extreme urgency of 16 November 2023, and did not request continuation of the proceedings within the thirty-day deadline.
What happened?
The Walloon Region awarded fifteen lots of a service contract for supplying fruit and vegetables to schools to FRESHO on 26 September 2023. FAWAY sought annulment. The Council of State ordered suspension in extreme urgency on 16 November 2023. The adverse party did not request continuation of proceedings. On 8 December 2023, it withdrew the award decision. The appeal became moot. The Council of State found there was no longer any need to rule and ordered costs to be borne by the adverse party.
Why does this matter?
This ruling illustrates the typical procedural outcome when a contracting authority withdraws the contested award decision after a suspension order rather than requesting continuation of proceedings. The withdrawal deprives the appeal of its object. Costs are borne by the adverse party.
The lesson
As contracting authority: if you withdraw the award decision after a suspension order, costs will be borne by you. As tenderer: be aware that the contracting authority can neutralize your annulment appeal by simply withdrawing the contested decision, meaning you will not obtain a ruling on the merits.
Ask yourself
As contracting authority, have I weighed the consequences of withdrawal against continuation? As tenderer, have I anticipated the withdrawal scenario?
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 →