Urgent suspension request for social housing relocation services in Liège inadmissible after retroactive withdrawal of award decision — contract already concluded and partly executed but injury not attributable to withdrawn decision — no standstill
The Council of State rejected BV Vincent Mil's urgent suspension request against the award of a relocation services contract by BV La Maison Liégeoise to NV SAMO-B as inadmissible, because the retroactive withdrawal of the award decision meant the alleged injury did not stem from the withdrawn decision but from the contract conclusion itself, which no longer rested on any award decision.
What happened?
La Maison Liégeoise awarded a relocation services contract on 12 November 2025 to SAMO-B. With no standstill obligation, the contract was concluded and partly executed before the suspension request. The authority withdrew the award decision on 17 December 2025. The Council ruled that retroactive withdrawal eliminated the injury from the award decision; the applicant's actual injury stemmed from the contract conclusion — a different legal act not covered by Article 14 of the 2013 Act. The suspension request was inadmissible. Costs reserved.
Why does this matter?
This ruling distinguishes between injury from a withdrawn award decision (eliminated by retroactive withdrawal) and injury from contract conclusion (a separate legal act). For contracts without standstill obligations, withdrawal after conclusion creates a contract without underlying award decision.
The lesson
For contracts without standstill, file the suspension request immediately to prevent conclusion. If the contract is already concluded and the award is withdrawn, shift strategy to damages and contract nullity claims.
Ask yourself
Is the contract exempt from standstill? File immediately. Already concluded when the award is withdrawn? Redirect to damages and contract nullity.
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 →