Urgent suspension request for bicycle leasing framework agreement for City and OCMW Halle staff moot after withdrawal — costs charged to respondent
The Council of State rejected BV O.'s urgent suspension request against the City of Halle's award of a bicycle leasing framework agreement as moot, after the city withdrew the award decision just three days after the application was filed, with costs charged to the respondent.
What happened?
The City of Halle awarded a bicycle leasing framework agreement for city and OCMW staff on 1 December 2025. BV O. filed an urgent suspension request on 16 December 2025. On 19 December 2025, three days later, the city withdrew. The Council found the claim moot and charged costs (€200 court fee, €26 contribution, €770 procedural indemnity) to the respondent.
Why does this matter?
This ruling confirms the pattern: rapid withdrawal terminates the procedure but leaves the contracting authority liable for costs. The three-day response suggests the city had doubts about its own decision.
The lesson
Quick withdrawal after a suspension request ends the procedure but costs are borne by the contracting authority. As an applicant, consider whether damages may be pursued.
Ask yourself
Contracting authority considering withdrawal? You bear costs. Applicant whose claim became moot? You recover costs but 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 →