Even if you let your appeal lapse by not requesting continuation, the authority pays your roll fee if it withdrew first
The Council of State finds Fire Technics presumed to have abandoned its appeal after a rejected emergency suspension — but still orders the Kontich municipality to pay the €200 roll fee because the municipality had meanwhile withdrawn the contested award decision.
What happened?
Fire Technics contested the 3 November 2014 award decision of Kontich for a 30-meter fire-engine ladder with articulated boom. The company first filed an emergency suspension, rejected on 8 January 2015 (judgment 229,763). On 17 December 2014 Fire Technics had also filed an annulment request. But two weeks into that annulment, on 29 December 2014, Kontich's college voluntarily withdrew the contested award decision. There was nothing left to annul. On 17 March 2015 Fire Technics was formally invited to file a continuation request within 30 days (art. 11/3 Regent's Decree) — a 'do you still want to pursue this' moment. Fire Technics didn't respond. Under article 17, §7 of the Council of State Act a 'presumed abandonment' then arises: the Council finds the appeal isn't continued. Procedurally banal, but with a twist on costs. Normally Fire Technics as the 'abandoning party' would bear its own €200 roll fee. But the Council ruled that 'in the given circumstances' — namely because Kontich voluntarily withdrew before Fire Technics was prompted to continue — it's appropriate to charge the roll fee to the defendant.
Why does this matter?
Applicants who lost their emergency suspension and then see the authority withdraw the decision anyway often think: 'end of story, let it go.' This judgment shows that even in that scenario you can still recover your roll fee — provided you can factually link your appeal to the withdrawal. For contracting authorities: a 'tactical withdrawal' after an emergency suspension loss is never free. Count on at least €200 of roll fees, even if the applicant 'presumably' abandons.
The lesson
If the authority voluntarily withdraws after your emergency suspension loss and you decide not to continue your annulment: mention that factual link (withdrawal after your appeal) in the file — high chance the roll fee will be charged to the authority.
Ask yourself
You lost your emergency suspension, the authority withdraws, you receive a continuation invitation. Decide consciously: do I continue (then go substantive) or let it lapse (trust the roll fee will land with the authority on 'given circumstances')?
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 →