Withdrawal of claim and appeal ends procedure with costs borne by applicant
The Council of State takes note of the withdrawal of both the emergency suspension request and the annulment appeal, and orders the applicant to pay the costs.
What happened?
SC V.B. requests the emergency suspension of Sport Vlaanderen's decision of non-selection/non-award under a framework agreement for mountain bike zones and routes. By letter of 24 December 2024, the applicant withdraws both the suspension request and the annulment appeal. The applicant does not appear at the hearing and its written submissions are excluded from the proceedings. Pursuant to Article 30, § 5 of the Coordinated Laws on the Council of State, the Council rules on both the suspension request and the annulment appeal in a single judgment.
Why does this matter?
This judgment illustrates the application of Article 30, § 5 of the Coordinated Laws on the Council of State: when the applicant withdraws during the suspension proceedings, the Council can rule on both the suspension request and the annulment appeal in a single judgment. Unlike a case that becomes moot due to withdrawal of the contested decision, when the applicant withdraws, they bear the procedural costs themselves.
The lesson
Only withdraw your claim when you have good reasons, as you will bear the full procedural costs. Always appear at the hearing, especially when the chamber specifically invites you to take a position — written submissions that are not presented at the hearing will be excluded from the proceedings.
Ask yourself
Are you considering withdrawing your claim? Keep in mind that you will bear the procedural costs, including the procedural indemnity owed to the respondent.
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 →