The standstill period and remedies in Belgian public procurement

The rule: fifteen days between award and conclusion

The Belgian law of 17 June 2013 on reasoning, information and remedies governs what happens after the award decision. Article 11 forbids concluding the contract before fifteen days have passed from the communication of the reasoned decision to the candidates, participants and tenderers concerned. Consolidated French text, in force since 1 January 2026, read on Wallex on 31 October 2026: Law of 17 June 2013, consolidated French text (Wallex)

If a suspension request is lodged within those fifteen days, the buyer may not conclude before the court rules. The applicant is asked to warn the buyer within the same period, by email or through the electronic platform. Without a request, the contract may be concluded when the period ends. The ban only benefits the party that lodged its request in time.

What the award letter must contain

Under article 8, once the award decision is taken, the buyer sends each non-selected tenderer the reasons for its non-selection, each tenderer with an irregular tender the reasons for its exclusion, and the reasoned decision to the other tenderers and the winner. The letter also states:

• the exact length of the standstill period;
• the recommendation to warn the buyer within that period if a suspension request is lodged;
• the email address or number for that warning;
• the remedies, their deadlines and the competent courts, at least by referring to articles 14, 15, 23 and 24 (article 9/1, § 2). Without these, the deadline for annulment only starts four months after the communication.

Deadlines for remedies

Article 23 sets the deadlines, failing which the action is inadmissible. When letters are not sent at the same time, they run from the last one, and in any case only once the reasons have been communicated.

The competent court

For annulment, suspension and damages, article 24 designates the administrative litigation section of the Council of State when the buyer is an authority under article 14, § 1, of the coordinated laws on the Council of State, and the ordinary courts in other cases. Before the Council of State, suspension is sought only under the extreme urgency procedure; before the ordinary courts, only in summary proceedings (article 15).

The court may suspend on a serious ground or an apparent illegality, without urgency having to be proven. It may refuse if the negative effects of suspension outweigh the benefits. Declarations of ineffectiveness and alternative penalties always go to the ordinary courts, sitting as in summary proceedings.

When there is no standstill

Article 12 allows conclusion without a standstill in three cases:

1. publication of a contract notice at EU level is not mandatory (below the thresholds, see below): Thresholds 2026-2027
2. the only tenderer concerned is the one awarded the contract, and there is no candidate concerned;
3. the contract is based on a framework agreement: Framework agreement

Below EU thresholds

For contracts below EU thresholds, article 30 makes the standstill mandatory for works contracts subject to Belgian publication whose tender, excluding VAT, exceeds half the EU threshold. For the others, the buyer may decide to apply it. Annulment, suspension and damages remain available (articles 31 and 33).

For part of these contracts, the buyer first reports the outcome; the tenderer may ask in writing, within thirty days, for the reasons or the reasoned decision, which the buyer sends within fifteen days (article 29/1). These rules do not apply to low-value contracts: Low-value contract

If the contract is concluded too early

Once concluded, a contract can in principle no longer be suspended (article 21). Article 17 still lets the court declare it ineffective, notably when it was concluded without the required EU publication, or before the end of the standstill or the ruling on suspension, where this deprived a tenderer of its remedy and comes with a breach that harmed its chances.

If early conclusion did not have both effects, the court imposes an alternative penalty: shortening the contract or a fine of at most 10% of the amount excluding VAT, paid to the Treasury (article 22). In an open or restricted procedure awarded on price alone, awarding to anyone other than the lowest regular tender triggers flat-rate compensation of 10% of that tender’s amount excluding VAT (article 16).

What an SME checks when the decision arrives

These points follow from the articles cited. They replace neither the case file nor a lawyer’s advice.

1. Note the date the decision was sent: the fifteen days run from there, or from the last letter.
2. Read the reasons: comparison of tenders, scores per criterion, grounds for exclusion. The published criteria: Award criteria
3. Check that the letter mentions the remedies and their deadlines.
4. Decide quickly: a suspension request is prepared within fifteen days, and the buyer must be warned within the same period.
5. Keep proof of sending and receipt of every communication.

What AOEX does and does not do

AOEX reads TED notices and public e-Procurement notices. Before you bid, the bid kit reads the published documents, including the award criteria, and dictates the fields of the reply: Bid kit The term “standstill period” is also in the glossary: Glossary

AOEX files no challenge, does not compute the deadlines of a specific case and does not say whether a decision is lawful. This page is not legal advice. The texts to follow remain the law of 17 June 2013, the law of 17 June 2016 and the procurement documents: Guide to the law of 17 June 2016

Frequently asked questions

How long is the standstill period in Belgium?

Fifteen days from the communication of the reasoned award decision to the candidates and tenderers concerned. If the letters are not sent at the same time, it runs from the last one (law of 17 June 2013, article 11, consolidated French text read on Wallex on 31 October 2026).

How long do I have to challenge an award decision?

A suspension request within fifteen days, an action for annulment within sixty days, a damages claim within five years (article 23). The deadlines only run once the reasons have been communicated.

Which court hears the challenge?

The Council of State, under the extreme urgency procedure for suspension, when the buyer is an administrative authority under its coordinated laws; otherwise the ordinary courts, in summary proceedings for suspension (articles 15 and 24). Declarations of ineffectiveness and alternative penalties go to the ordinary courts.

Does the standstill apply below EU thresholds?

It is mandatory for works contracts published in Belgium whose tender exceeds half the EU threshold (article 30). For other contracts below the thresholds, the buyer may choose to apply it. It does not apply to a contract based on a framework agreement (article 12).

What if the buyer concludes too early?

The court may declare the contract ineffective if the early conclusion deprived a tenderer of its suspension remedy and comes with another breach that harmed its chances (article 17). Otherwise it may shorten the contract or impose a penalty of up to 10% of the amount excluding VAT (article 22).

Does AOEX file a challenge for me?

No. AOEX reads TED notices and public e-Procurement notices and helps read the published documents before you bid. AOEX files no challenge, does not compute the deadlines of a specific case and gives no legal advice.

Sources

Law of 17 June 2013 on reasoning, information and remedies in public procurement, certain works, supply and service contracts and concessions, articles 8, 9/1, 11, 12, 14 to 17, 21 to 24, 29/1, 30, 31 and 33, consolidated French text in force since 1 January 2026, read on Wallex on 31 October 2026: Law of 17 June 2013, consolidated French text (Wallex) Justel: Law of 17 June 2013 (Justel)