Appeal moot after definitive withdrawal by bPost of shuttle lot award decision
No longer need to rule: after bPost withdrew the award decision for lot 1 (shuttles between stations and sorting centres) on 1 December 2022 and no appeal was filed against the withdrawal within the prescribed period, the annulment appeal became moot and the previously ordered suspension is lifted.
What happened?
bPost awarded lot 1 of the service contract for shuttle transport of personnel between various railway stations and postal sorting centres in Brussels (contract no. 2021-1-017) to Eurobussing Brussels on 16 September 2022. Transport et Garage Bas filed an annulment appeal on 10 November 2022. By ruling no. 254,968 of 8 November 2022, the Council of State ordered suspension of the award decision. On 1 December 2022, bPost withdrew the contested award decision and renounced the attribution of the disputed lot 1. This withdrawal decision was notified to all tenderers by email and registered mail of 7 December 2022, mentioning appeal options, forms and deadlines. No annulment appeal was filed against the withdrawal decision within the prescribed period, making the withdrawal definitive. The annulment appeal of Transport et Garage Bas therefore became moot. The suspension ordered by ruling no. 254,968 is lifted. bPost bears the costs, including a procedural compensation of EUR 770. The 20% surcharge requested by the applicant for the prior extreme urgency procedure is refused: pursuant to Article 67, §2, paragraph 3, of the procedural rules, no surcharge is due when the contested act has been withdrawn.
Why does this matter?
This ruling illustrates the procedural consequences of withdrawing the contested decision during proceedings: the annulment appeal loses its object, the previously ordered suspension is lifted, and costs are charged to the opposing party. It also confirms that no surcharge on procedural compensation is due when the contested act has been withdrawn, even if an extreme urgency suspension procedure was previously conducted.
The lesson
When the contracting authority withdraws the contested decision: the withdrawal ends the dispute if no appeal is filed against the withdrawal decision within the prescribed period. The applicant retains the right to base procedural compensation but cannot claim the 20% surcharge for prior suspension proceedings. As tenderer: monitor withdrawal decisions and evaluate whether an appeal against the withdrawal is necessary to preserve your rights, particularly for potential damages claims.
Ask yourself
Is my withdrawal decision properly notified to all tenderers with mention of appeal options? As tenderer, have I evaluated whether I need to appeal the withdrawal decision to preserve my right to compensation?
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 →