Suspension application moot after withdrawal of selection decision for IoT sensor contract Digipolis Antwerp — costs charged to respondent
The Council of State rejected the suspension application by BV C. against its non-selection for lot 2 of the 'IoT sensors PZA' service contract by Digipolis Antwerp, after Digipolis withdrew the contested selection decision on 3 November 2025, rendering the application moot, with costs charged to the respondent.
What happened?
Digipolis Antwerp took a selection decision for lot 2 of an 'IoT sensors PZA' service contract, not selecting BV C. while five other tenderers were selected. BV C. filed a suspension application on 20 October 2025. The hearing was first scheduled for 12 November 2025. Digipolis withdrew the selection decision on 3 November 2025 before the hearing. The hearing was rescheduled to 19 November 2025, where only the applicant appeared. The application became moot. Costs (€200 court fee, €26 contribution, €770 procedural indemnity) were charged to Digipolis.
Why does this matter?
This ruling confirms that withdrawal of a selection decision (not just an award decision) during pending suspension proceedings renders the application moot, with costs charged to the respondent. Digipolis did not appear at the hearing, suggesting acknowledgment that the selection decision was problematic.
The lesson
When the contracting authority withdraws a selection decision after a suspension application, the application becomes moot but costs are charged to the respondent — even if the respondent does not appear at the hearing.
Ask yourself
Has the contested selection decision been withdrawn? If so, your application becomes moot but you retain the right to 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 →