Extreme urgency suspension request moot after withdrawal of award decision for civil registry software
The Council of State rejects the extreme urgency suspension request as moot and inadmissible, after the municipality of Hooglede withdrew both the award decision and the tender analysis report for the public contract 'Civil Registry Software' before the hearing — the respondent is ordered to pay costs.
What happened?
The municipality of Hooglede, by decision of the college of mayor and aldermen of 17 July 2025, awarded a public service contract for 'Civil Registry Software' (specifications 2025/007, ID 1382) to a third-party tenderer. The award decision was accompanied by a tender analysis report dated 7 July 2025. NV R. filed a suspension request under extreme urgency on 18 August 2025 against both the award decision and the attached analysis report. A first hearing was scheduled for 3 September 2025. On 27 August 2025 — before the scheduled hearing — the municipality withdrew both the award decision and the accompanying analysis report. This withdrawal rendered the suspension request moot. The hearing ultimately took place on 10 September 2025. The Council of State found the request moot and rejected it as inadmissible. The respondent was ordered to pay costs (court fee of €200, contribution of €26, and procedural compensation of €770 to the applicant).
Why does this matter?
This judgment follows the same pattern as judgments 264.356 and 264.357: withdrawal of the award decision after an extreme urgency suspension request neutralises the proceedings. Notably, the municipality here withdrew not only the award decision but also the tender analysis report, indicating an intention to reconsider the entire tender evaluation.
The lesson
A contracting authority that withdraws both the award decision and the analysis report signals that the procurement procedure must be fundamentally redone. As a tenderer: prepare for a complete re-evaluation of tenders in a possible new procedure.
Ask yourself
Have you filed an extreme urgency suspension request? Regularly check whether the contested decision is still active. A withdrawal renders your request moot, though you will typically be reimbursed for 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 →