Forgot to pay the €226 filing fee? Your urgent suspension is automatically dismissed
The Council of State dismisses an urgent suspension request against the award of a school renovation works package, because the applicant neither attended the hearing nor paid the €200 filing fee and €26 contribution before the close of debate.
What happened?
The non-profit VZW Onderwijsinrichtingen Voorzienigheid awarded the main structural works lot (lot 1 — shell and exterior carpentry) of a secondary school renovation on 26 April 2025. On 27 May 2025, BV B.B. filed an urgent suspension request. One day later, the Council of State scheduled the hearing for 11 June 2025 and reminded the applicant that the €200 filing fee and €26 contribution must be paid before the close of debate — otherwise the request is dismissed automatically under Article 71, third paragraph of the general procedural rules. BV B.B. did not appear at the hearing, was not represented, and did not pay. The request was dismissed without any substantive review. Notably, in a parallel ruling on the same day (no. 263.595) a different company (BV B.) had withdrawn its challenge against lot 2 (roofing and cladding) of the same school project.
Why does this matter?
This ruling shows how strict the formal requirements for urgent proceedings are. The €226 in fees must actually be paid before the close of debate — not after. Missing the hearing without payment means losing the case without a single argument being heard. In fast-moving construction disputes, this is the most basic procedural trap.
The lesson
When you file an urgent suspension request, add the payment to your checklist immediately — ideally the same day as filing. Do not wait for the hearing, and never let a short procedural calendar catch you off guard. Bring the payment receipt to the hearing. If you cannot attend, arrange representation and send proof of payment to the registry in advance.
Ask yourself
Within 24 hours of filing my urgent suspension request, have I actually transferred the €200 filing fee and €26 contribution, and do I have the payment receipt ready to present at the hearing?
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 →