Does late approval of the award decision on its own lead to cancellation of the tender?

Court:

Council of State

Case no. (E.):

2023/1748

Decision no. (K.):

2023/3367

Decision date:

15 June 2026

The judgment of the 13th Chamber of the Council of State (case No 2023/1748, decision No 2023/3367) establishes that approval of the tender commission's decision after the five working day period does not on its own lead to cancellation of the tender. The judgment also emphasises the importance of the burden of proof in claims concerning the submission of documents.