CHR Verviers withdraws its award of medication cabinets, serves it correctly on every bidder — and the matter is finalised on the spot
The Council of State holds Touchpoint Medical's extreme-urgency challenge against CHR Verviers's €316,867.06 award of automated medication cabinets to Roba Pharma moot after the hospital withdrew its award and served the withdrawal on every bidder with proper reference to remedies, forms and deadlines — leaving no one able to contest it — while still granting the challenger a €700 procedural indemnity.
What happened?
On 1 July 2021 the board of the Centre hospitalier régional de Verviers awarded the supply, installation and maintenance of automated and secured medication distribution cabinets — for Emergency, Intensive Care, Pharmacy and other wards — to SRL Roba Pharma for €316,867.06 VAT inclusive. Touchpoint Medical filed an extreme-urgency challenge on 22 July 2021. The hearing was initially set for 3 August 2021 but adjourned sine die. On 19 August 2021 CHR Verviers withdrew the award itself. Crucially, this withdrawal was served by registered letter on 23 August 2021 on every participating bidder, explicitly listing the available remedies, forms and deadlines. No bidder — including Roba Pharma — filed an annulment action against the withdrawal within the deadline. The withdrawal is therefore definitive, mooting the extreme-urgency action. The Council treats the withdrawal as a succédané of annulment. CHR Verviers bears the €200 roll right, the €20 contribution and a €700 basic procedural indemnity to Touchpoint Medical.
Why does this matter?
This ruling is most interesting for contracting authorities planning to withdraw after a successful suspension: the Council here explicitly stresses that service on every bidder — with remedies, forms and deadlines — is the keystone that finalises the withdrawal. Do it badly and any other bidder retains a 60-day window to contest the withdrawal itself (in theory reviving the original award or blocking everything). The flip side matters for bid managers: as a competitor Roba Pharma received a registered letter announcing the withdrawal with the remedies — it had 60 days to sue. Always check the withdrawal letters you receive: if remedies, forms or deadlines are missing, the clock has not started and you retain your right to react later.
The lesson
A withdrawal is only unassailable once it has been served on every bidder, by registered mail, with an explicit statement of remedies, deadlines and forms. As authority: always include that annex in the withdrawal letter. As bidder: if any of the three is missing, your deadline has not started running and you can still challenge.
Ask yourself
You receive a letter in which an authority 'withdraws' an award: does it state (a) the applicable remedies, (b) the 60-day deadline from notification and (c) the form (petition before the Council of State)? If any is missing, the 60-day clock has not started and the withdrawal is still contestable.
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 →