Project designer road works Jalhay: application rejected due to withdrawal of award decision before hearing, costs borne by the authority
The Council of State rejects a suspension application against a project designer contract for road works in Jalhay as inadmissible, because the municipality withdrew the award decision before the hearing — the withdrawal operates retroactively so the alleged violations did not harm the applicant, but costs are borne by the authority.
What happened?
The Municipality of Jalhay awarded a contract for a project designer for road works, terrain works and engineering structures for 2025-2028 to ABYSSE SRL. The applicant (SML Ingénieurs) filed for suspension on 18 August 2025. On 1 September 2025 — before the 3 September hearing — the municipal executive withdrew the decision. The Council held that the retroactive withdrawal means the alleged violations did not harm the applicant, making the application inadmissible under Article 14 of the Act of 17 June 2013. Despite rejection, the authority bears costs as the party who succumbed.
Why does this matter?
Withdrawal of the challenged decision before judgment operates retroactively and removes the applicant's standing. However, the withdrawing authority bears the procedural costs including the applicant's legal fee.
The lesson
As a contracting authority: withdrawing a vulnerable award decision avoids suspension but you bear procedural costs. As a tenderer: withdrawal renders your application moot but you do not bear costs.
Ask yourself
As a contracting authority: are you considering withdrawal of a vulnerable decision? Are you prepared to bear costs? As a tenderer: has the authority withdrawn the decision? Check that costs are correctly allocated.
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 →