You've challenged a public contract award? Forget to pay the €220 court fees and you lose your case without a judge ever reading your arguments
The annulment application of SA Krinkels against the award of the joint Val Benoît site contract to a competitor is struck off the roll because the company did not pay the €200 roll fee and €20 contribution within the thirty-day deadline — the case is lost without any decision on the merits.
What happened?
The Val Benoît site in Liège — a former industrial site undergoing urban redevelopment — was the subject of a joint works contract for equipment and development of the central surroundings. SA RESA (electricity and gas network operator) and the SPI (economic development agency for Liège province) launched the procedure jointly. On 21 April 2021, the joint contracting authorities declared Krinkels' offer irregular, awarded the contract to a competing tenderer and implicitly excluded Krinkels. On 17 June 2021, Krinkels filed an annulment application. A first ruling n° 256.675 of 2 June 2023 had already 'deemed unfulfilled' the suspension application. By letter of 7 June 2023, the registry invited Krinkels to pay the €20 contribution and €200 roll fee under articles 66, 6° and 70 of the Regent's Decree of 23 August 1948. The mechanism is simple: the chief registrar sends a transfer form with structured communication; if the SPF Finances account is not credited within thirty days, the chamber deems the application unfulfilled or strikes it from the roll. Krinkels did not pay. On 28 August 2023, the first auditor-section head drafted a note requesting application of the article 71, al. 4 procedure. By letter of 31 August 2023, the registry informed Krinkels that the chamber would rule on deeming the application unfulfilled, unless Krinkels requested to be heard within fifteen days. Krinkels did not request to be heard and still did not pay. On 4 March 2024, the Council of State simply struck the case from the roll. No reasoning on the merits, no examination of the alleged irregularity of the offer, no assessment of the lawfulness of the award to a competitor. The case — which might have had chances of success — was simply lost because a €220 transfer was not made.
Why does this matter?
For all tenderers considering challenging an award or exclusion, this ruling is a stark reminder: Council of State proceedings are strictly regulated administratively, and trivial negligence can wipe out the entire appeal. Roll fees and contributions are not a marginal formality — they are an admissibility condition sanctioned automatically. The Council does not forgive, does not phone: it sends a transfer form, waits thirty days, possibly sends a second information letter, and strikes the case. The cost of such negligence can be enormous: legal fees already spent, appeal deadlines exhausted, and above all the impossibility of raising arguments that might have led to annulment.
The lesson
If you file an appeal before the Council of State, set up systematic monitoring of procedural payments. Every registry communication must be processed immediately — not 'in the next few days'. Thirty days seem long on paper but suffice for the letter to get lost, your contact to be on holiday, or the invoice to fall in the wrong pile. For larger structures: designate a person responsible for procedural follow-up, separate from the lawyer. For SMEs: record the deadline in your calendar upon receipt, with reminders at ten and two days.
Ask yourself
Do you have a monitoring system for Council of State registry communications? Who is responsible for payment of roll fees and contributions in your organisation — the lawyer, the bid manager, accounting? How many days have passed since the last communication? If you paid, do you have proof of transfer with the correct structured communication?
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 →