Withdrawal of PV panel award decision renders suspension claim moot
The Council of State rejects the emergency suspension request after the City of Aalst's college of mayor and aldermen withdrew the contested award decision for a framework agreement for PV panels.
What happened?
The City of Aalst awards a framework agreement for the design, supply, installation and commissioning of PV panels to a third party. BV E., which was not selected, files an emergency suspension request on 12 December 2024. The hearing is scheduled for 27 December 2024, but on 16 December 2024 the college of mayor and aldermen withdraws the award decision. The Council finds that the claim is moot and therefore inadmissible.
Why does this matter?
This judgment again illustrates the pattern where a contracting authority withdraws the award decision shortly after an emergency suspension request is filed. The procedural costs are borne by the respondent, confirming that filing the appeal was meaningful.
The lesson
An emergency suspension request can prompt a contracting authority to withdraw the award decision and reconsider the procedure. As an applicant, you can claim the procedural costs in such cases, even though the claim is formally rejected for lack of object.
Ask yourself
Are you as a contracting authority considering withdrawing an award decision after an emergency suspension request? Keep in mind the procedural costs you will have to bear.
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 →