No reply to the auditor's report within 30 days? Appeal lost — and 900 euros of costs
When the Council of State serves an auditor's report recommending rejection, the applicant has thirty days to request continuation of the procedure — silence creates a legal presumption of withdrawal, and the applicant pays the costs.
What happened?
NV Bouwonderneming Huybregts-Reynders filed an annulment appeal on 26 October 2015 against two decisions by De Scheepvaart (a public-law company): the withdrawal of an award decision of 7 November 2014 and the subsequent decision of 21 August 2015 not to award. After exchange of pleadings, first auditor Jos Stevens delivered a report recommending rejection. The report was served on the applicant on 18 April 2016, followed by a notice under article 14quater of the 1948 procedural decree on 20 June 2016. Huybregts-Reynders neither requested a hearing nor a continuation of the procedure. Under article 21, paragraph 7 of the coordinated laws on the Council of State, an unfavourable auditor's report triggers a 30-day deadline for the applicant to request continuation; silence creates a legal presumption of withdrawal. The 12th Chamber (acting president Johan Bovin) recorded the withdrawal and ordered Huybregts-Reynders to pay 200 euros court fee and 700 euros procedural indemnity to De Scheepvaart.
Why does this matter?
An annulment appeal before the Council is not a 'set and forget' procedure. Between filing and ruling there is often more than a year, and the critical pivot is the auditor's report: if the auditor recommends rejection, the applicant must actively decide whether to push on. Doing nothing forfeits the case and the costs — today the base procedural indemnity in procurement disputes is 700 euros, plus a 200-euro court fee, on top of legal fees.
The lesson
When you or your lawyer receive an auditor's report recommending rejection: set a reminder for 30 days after the service date. Decide deliberately within that window whether to push on (continuation request, optional hearing request) or withdraw. Inaction may feel like 'free stopping', but it triggers a legal presumption of withdrawal with full procedural costs.
Ask yourself
You have an appeal pending. The auditor's report has come in and recommends rejection. 25 days have passed since service and your lawyer has not yet drafted a continuation request. Risk: within five days the presumption of withdrawal applies and you carry the costs.
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 →