De Havilland knew about the award in early January but waited a month too long — UDN claim time-barred
The Council of State rejects De Havilland's suspension request against the 'Green Aircraft' defence contract awarded to the Sabena/Sonaca consortium, because De Havilland had sufficient knowledge of the award decision by 6 January 2026 but only filed on 5 February — too late.
What happened?
On 23 December 2025, the Belgian Council of Ministers approved phase 1 of the 'Green Aircraft' programme — the acquisition and support of Special Operations Aviation Fixed Wing aircraft (reference 24AC004) — proposed by Defence Minister Theo Francken. The contract was awarded through a negotiated procedure without publication to the consortium Sabena Engineering/Sonaca, offering Textron Aviation aircraft. De Havilland Aircraft of Canada, a competing manufacturer whose planes could have been proposed by the consortium but were not, received no formal notification. Defence did send a cryptic letter on 23 December vaguely referencing 'decisions' communicated to the consortium, without explicitly mentioning the award. On 6 January 2026, De Havilland wrote to Sabena Engineering citing press reports and the Council of Ministers' communiqué about the award. On 21 January, through a parallel procedure at the Council of State (ruling 265.669), De Havilland discovered the full picture. It only filed its urgent suspension request on 5 February — well over a month after its 6 January letter. The Council ruled that De Havilland had 'sufficient effective knowledge' of the award by 6 January at the latest. The fifteen-day deadline had therefore already expired. Notably, Defence had also claimed €1 in damages for 'vexatious proceedings', which the Council rejected with a pointed remark: Defence itself had shown 'a certain parsimony in applying the transparency principle that good administration requires' in its December letter.
Why does this matter?
This ruling sharpens the rules on 'knowledge' in defence procurement. The fifteen-day deadline for an urgent suspension does not start when you receive formal notification, but when you acquire 'sufficient effective knowledge' of the decision you wish to challenge. A press release, a Council of Ministers communiqué, or even indirect information from a parallel procedure may suffice. At the same time, the Council adds nuance: when the authority itself communicates vaguely, it cannot reproach the applicant for reacting late — and certainly cannot claim damages for frivolous proceedings.
The lesson
If you learn through the press, a government communiqué, or informal channels that a contract has been awarded, assume the clock is ticking. Don't wait for formal notification that may never come — especially if you're not a formal candidate or bidder. File a precautionary appeal if necessary while gathering more information. Fifteen days pass quickly, and 'I wasn't sure yet' is not a valid reason to wait longer.
Ask yourself
When you hear through the media or indirectly that a contract you have an interest in has been awarded: have you considered filing at least a precautionary appeal within fifteen days, or are you waiting for a formal letter that in defence procurement may never arrive?
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 →