Lifting of urgent suspension and rejection of annulment appeal for Antwerp Fire Brigade measuring equipment framework agreement after withdrawal of award decision — costs charged to respondent
The Council of State lifted the urgent suspension ordered by judgment 262.713 of 21 March 2025 and rejected BV H.'s annulment appeal against the award of the measuring equipment framework agreement by Antwerp Fire Brigade as moot, after the respondent withdrew the contested decision on 22 April 2025, with costs charged to the respondent.
What happened?
Antwerp Fire Brigade awarded a framework agreement for measuring equipment with maintenance on 4 February 2025. An urgent suspension was granted on 21 March 2025 (judgment 262.713). BV H. filed an annulment appeal on 3 April 2025. The fire brigade withdrew the award on 22 April 2025. The Council lifted the suspension, rejected the appeal as moot, and charged costs to the respondent. The case was decided without hearing.
Why does this matter?
This ruling confirms that withdrawal after a granted suspension renders the annulment appeal moot, the suspension is lifted, and the authority bears all costs.
The lesson
Withdrawal after a granted suspension means bearing all costs. As tenderer, a prior suspension order strengthens your position for a damages claim.
Ask yourself
Has the authority withdrawn after your suspension was granted? Consider pursuing 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 →