Urgent suspension request and annulment appeal for IOK soil surveys framework agreement 2026 moot after withdrawal two days after filing — Article 30 §5 applied — continuation of proceedings not possible
The Council of State rejected both the urgent suspension request and annulment appeal by NV R. against IOK's award of the soil surveys framework agreement 2026 as moot, after IOK withdrew the contested decision just two days after the single application was filed, with Article 30 §5 preventing continuation of proceedings.
What happened?
IOK awarded a soil surveys framework agreement (2026) to a third party. NV R. filed a single application with both urgent suspension request and annulment appeal on 9 December 2025. IOK withdrew on 11 December 2025, two days later. Under Article 30 §5, both claims were decided in a single judgment. Continuation of proceedings could not be requested. Costs charged to the respondent for the suspension component only.
Why does this matter?
This ruling shows how Article 30 §5 operates with rapid withdrawal: both claims become moot and continuation is blocked, effectively ending all proceedings.
The lesson
Rapid withdrawal after a combined application terminates both claims under Article 30 §5 and blocks continuation. Consider separate filing strategies and potential damages claims.
Ask yourself
Did you file suspension and annulment together? Rapid withdrawal blocks both claims and continuation. Consider 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 →