Urgent suspension request for Leuven electrical works framework agreement moot after withdrawal of award decision — implicit refusal to award to applicant also moot — costs charged to respondent
The Council of State rejected NV E.'s urgent suspension request against the award of the electrical works framework agreement by the City of Leuven as moot, after the city withdrew the award decision, specifying that the withdrawal rendered the entire claim moot, including the request to suspend the implicit decision not to award to the applicant, with costs charged to the respondent.
What happened?
The City of Leuven awarded an electrical works framework agreement on 17 October 2025. NV E. filed an urgent suspension request on 18 November 2025 challenging both the award and the implicit refusal to award to it. On 5 December 2025, the city withdrew the award decision. The Council found the entire claim moot, including regarding the implicit refusal, and charged costs to the respondent.
Why does this matter?
This ruling clarifies that withdrawal renders the entire suspension claim moot, including challenges to implicit refusal decisions, with costs charged to the withdrawing party.
The lesson
Withdrawal after a suspension request terminates the entire procedure, including challenges to implicit decisions. Consider pursuing damages for procedural costs incurred.
Ask yourself
Has the contracting authority's withdrawal rendered all your claims moot? Consider whether damages are available.
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 →