Urgent suspension request for Zwalm newsletter framework agreement moot after withdrawal of award decision — costs charged to respondent
The Council of State rejected BV D.'s urgent suspension request against the award of the framework agreement for layout, printing and distribution of the Zwalm newsletter as moot, after the Municipality of Zwalm withdrew the contested award decision, with costs charged to the respondent including a procedural indemnity of €770.
What happened?
The Municipality of Zwalm awarded a framework agreement for newsletter services on 19 November 2025. BV D. filed an urgent suspension request on 4 December 2025. On 9 December 2025, the municipality withdrew the contested decision. The Council found the claim moot and inadmissible but charged costs to the respondent that had caused the mootness by its own withdrawal.
Why does this matter?
This ruling shows that while withdrawal of the contested decision renders the suspension claim moot, the contracting authority bears the procedural costs when its own withdrawal caused the mootness.
The lesson
Withdrawal after an urgent suspension request ends the procedure but means bearing the costs. As tenderer, be prepared that withdrawal terminates your suspension claim but consider whether damages may be available.
Ask yourself
Has the contracting authority withdrawn the contested decision? Consider the impact on your pending claim and potential damages.
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 →