If the contracting authority withdraws after your appeal, you still get the procedural indemnity
The Council of State doesn't rule on the award of a body-cam framework contract to Proximus because the State withdrew its decision — but it orders the State to pay €700 procedural indemnity to Securitas, because withdrawal counts as 'equivalent' to annulment.
What happened?
On 19 July 2022 the Belgian Interior Minister awarded a multi-year framework contract for body cameras and accessories to Proximus (a public-law company), for the Integrated Police, Defence, and possibly the Tax Authority. On 4 August 2022 Securitas filed an emergency suspension. Four days later, on 8 August 2022, the State withdrew the award decision and notified all bidders with appeal information. No bidder challenged the withdrawal within the deadline, so the withdrawal became final and the original action lost its object. The Council of State said: 'no need to rule.' BUT: Securitas had also asked for a €700 procedural indemnity. The Council ruled that withdrawal is a 'succédané' (equivalent) of annulment — so the State is the losing party under article 30/1 of the Council of State Act, and must pay Securitas the procedural indemnity plus all other costs: €200 roll fee + €22 contribution + €700 procedural indemnity = €922 total.
Why does this matter?
Losing bidders sometimes drop their appeal when they hear the authority is withdrawing — 'I got what I wanted.' But if you don't push on costs, you pay your own lawyer and roll fees. This judgment confirms: file your action, keep pushing on costs, and you'll be reimbursed — even when the case becomes moot via withdrawal. For contracting authorities: a withdrawal is a 'free escape' from a substantive loss, but not from costs. Count on paying at least a few hundred euros per successful applicant.
The lesson
If you've filed an emergency suspension and the authority withdraws: expressly ask for the procedural indemnity in your conclusions. Withdrawal counts as an annulment equivalent — the authority is the 'losing party' under art. 30/1 of the Council of State Act.
Ask yourself
Have you filed and has the other side withdrawn? Check your latest conclusions: did you expressly request the procedural indemnity? If not, do it before the hearing — otherwise you lose €700–€1,400.
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 →