Withdrawal of award decision renders suspension claim moot
The Council of State rejects the request for emergency suspension after Interleuven withdrew the contested award decision, rendering the claim moot.
What happened?
Interleuven awards lot 1 of a contract for shared bicycles in the Leuven transport region to a third party. NV B. files an emergency suspension request on 2 January 2025. Before the hearing, Interleuven withdraws the award decision on 16 January 2025. The Council finds that the claim has become entirely moot, including regarding the implicit decision not to award the contract to the applicant.
Why does this matter?
This judgment illustrates the classic pattern where a contracting authority withdraws an award decision after an emergency suspension request is filed. The withdrawal renders the claim moot. The costs of the proceedings are borne by the respondent, confirming that the applicant had a legitimate interest in filing the appeal.
The lesson
A contracting authority can always withdraw an award decision, even after an appeal has been filed. As an applicant, file your claim quickly — the appeal itself may prompt the contracting authority to reconsider its decision, and you will not bear the procedural costs.
Ask yourself
Are you considering withdrawing an award decision following an appeal? Keep in mind that you may be ordered to pay the procedural costs.
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 →