Withdrawal from annulment proceedings against award of lot 2 (pedagogical IT equipment) — costs charged to applicant
The Council of State decreed SRL ESI INFORMATIQUE's withdrawal from its annulment proceedings against the award of lot 2 of a supply contract for pedagogical IT equipment, with costs charged to the applicant.
What happened?
Wallonie Bruxelles Enseignement (WBE) awarded lot 2 of a supply contract for pedagogical IT equipment in its schools to Signpost België BVBA on 1 March 2021. ESI INFORMATIQUE filed for annulment on 30 April 2021 (a prior suspension request had been rejected the same day). More than three years later, with the hearing scheduled for 9 October 2024, the applicant informed the Council by letter of 30 September 2024 of its wish to withdraw. The Council decreed the withdrawal and charged costs — €200 court fee, €20 contribution and €700 procedural indemnity — to the applicant.
Why does this matter?
This ruling illustrates the procedural consequence of withdrawal: the applicant is deemed the unsuccessful party and bears the costs, including the procedural indemnity at the base amount (€700 in annulment proceedings). The three-year duration reflects the actual timelines of annulment proceedings.
The lesson
As a tenderer, withdrawal from proceedings exposes you to costs (€700 procedural indemnity, €200 court fee, €20 contribution). Evaluate the merits of your case before and throughout proceedings. As a respondent, claim the procedural indemnity upon withdrawal.
Ask yourself
As a tenderer: have you assessed the cost-benefit of your annulment proceedings? Is withdrawal preferable to continuing? As a respondent: have you claimed the procedural indemnity?
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 →