Presumed discontinuance of proceedings after rejection of suspension application – applicant failed to file request for continuation within thirty days of notification
The Council of State declared the discontinuance of proceedings in the annulment action by BV CO-DEX.EU against the non-selection and award by the Province of Flemish Brabant of an IT framework agreement for a meeting application, because the applicant failed to file a request for continuation of proceedings within thirty days of notification of the rejection of its suspension application under extreme urgency (ruling no. 260.523 of 23 August 2024).
What happened?
BV CO-DEX.EU filed an annulment action on 29 July 2024 against the decision of the Provincial Executive of Flemish Brabant of 4 July 2024 not to select CO-DEX.EU for the contract 'Framework agreement for setting up a development platform and developing a meeting management application for the governing bodies of the provincial administration of Flemish Brabant', and against the associated award decision. The Council rejected the suspension application under extreme urgency by ruling no. 260.523 of 23 August 2024, notified to the applicant on 6 September 2024. Under Article 17 §7 of the Consolidated Acts on the Council of State, the applicant is presumed to have discontinued proceedings when, after rejection of a suspension application, no request for continuation is filed within thirty days of notification. CO-DEX.EU filed no such request. The Council declared the discontinuance. CO-DEX.EU was ordered to pay the costs of the suspension proceedings: court fee of €200, contribution of €24, and procedural indemnity of €770 to the respondent.
Why does this matter?
This ruling illustrates the statutory presumption of discontinuance after rejection of a suspension application. Under Article 17 §7, the applicant has only thirty days after notification of the suspension ruling to file a request for continuation. Failure to do so results in presumed discontinuance without examination of the merits, and the applicant bears the costs of the earlier suspension proceedings.
The lesson
After rejection of a suspension application under extreme urgency, always file a request for continuation of proceedings within thirty days of notification. Failure to do so results in loss of the annulment action through presumed discontinuance, plus liability for the costs of the suspension proceedings. This procedural trap is easily avoided by timely action.
Ask yourself
As an applicant after rejection of a suspension application: have you filed a request for continuation within thirty days of notification? Have you diarised the deadline? As counsel: have you warned your client about the presumption of discontinuance?
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 →