Pluxee's urgent suspension request against Monizze award struck off for non-payment of filing fee — 770 euros procedural indemnity to the municipality
The Council of State strikes Pluxee Belgium's urgent suspension request against the municipality of Evere's award to Monizze of a four-year meal voucher contract, because Pluxee did not pay the filing fee — the request is deemed never to have been introduced, and Pluxee pays 770 euros procedural indemnity.
What happened?
On 4 March 2025 the municipality of Evere awarded to Monizze NV a public contract for meal vouchers, eco-vouchers and gift vouchers for municipal and CPAS staff for four years (2025-2028). On 24 March 2025 Pluxee Belgium filed an urgent suspension request. Monizze obtained intervenor status. The filing fee under article 70 had to be paid by Pluxee — in urgent procedures the payment form is attached to the scheduling order, and proof of payment must be submitted at the hearing. Article 71 of the general procedural rules states: 'If this proof has not been provided before the close of debates, the request is rejected.' At the hearing on 16 April 2025, the Council noted that Pluxee had not paid and did not contest this. Pluxee had also announced before the hearing that it wished to withdraw. Result: the request 'is deemed never to have been introduced' and was struck off the docket. The municipality was awarded 770 euros procedural indemnity: the striking off resulted from Pluxee's negligence, procedural exchanges had occurred, and legal costs had been incurred.
Why does this matter?
A painful procedural lesson. The filing fee in an urgent suspension procedure is not optional or deferrable. The payment form is literally in the envelope with the scheduling order. Arriving at the hearing without proof of payment means the procedure doesn't exist — and you leave with a procedural indemnity owed to the opposing party, on top of your own legal costs for a procedure that wasn't legally extant. If midway you conclude your appeal is not tenable, organise a timely withdrawal before hearing costs are incurred — not on the day itself. An announced withdrawal on the morning of the hearing does not prevent the procedural indemnity.
The lesson
If filing an urgent suspension request: pay the filing fee as soon as you receive the scheduling order and payment form. Note the date when proof of payment must be presented at the hearing. Is there internal hesitation? Resolve that alignment before filing — or organise a formal withdrawal well before the hearing, so the opposing party stops preparing. An urgent suspension costs at least the filing fee (200 to 400 euros) plus potentially 770 euros procedural indemnity if you back out at the last moment.
Ask yourself
Did you forward the payment form to accounting right after receiving the scheduling order? Did you print the proof of payment for the hearing? Is there internal doubt whether to proceed — and if so, do you have a withdrawal letter ready to send to the registrar in time? Note: a withdrawal on the day itself does not shield you from a 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 →