Withdrawing your appeal isn't free — even when there's no apparent 'loser'
A contractor who withdraws its emergency suspension request against the municipality of Grimbergen asks for a refund of court fees because there is 'no losing party', but the Council of State rules that whoever withdraws is by definition the unsuccessful party — and pays.
What happened?
The municipality of Grimbergen awarded a three-year framework agreement for de-paving and greening projects to a third party on 28 April 2025. The unselected contractor BV D. filed an emergency suspension request on 20 May 2025 — only to withdraw it by letter on 27 May 2025. The unusual twist: BV D. argued that since there was no substantive judgment, there was no 'losing party', and asked for its court fees (€200 registration fee and €26 contribution) to be refunded. The Council of State rejected this argument. Court fees are determined by the nature of the procedural act filed, not by the outcome. An emergency suspension request triggers registration fees and contributions, period. As for who pays: Article 68(5) says costs are borne by the party 'found to be unsuccessful on the merits.' The Council interprets this as: the party who caused the proceedings to lose their purpose. By withdrawing, you yourself caused the premature end of proceedings — so you are the 'loser.' Notably, BV D. was not even present at the hearing on 4 June 2025.
Why does this matter?
This ruling makes crystal clear that withdrawing from an emergency procedure is not a neutral act. You pay the court costs, without exception. This matters for any bid manager considering withdrawing a challenge after circumstances change — for instance because the contract is already being executed or a settlement is in sight.
The lesson
If you're considering withdrawing an emergency suspension request: don't expect to get your court fees back. Whoever withdraws is, in the Council of State's eyes, by definition the 'loser' and bears the registration fee, contribution, and potentially the opposing party's procedural indemnity. Make that calculation before filing, not after.
Ask yourself
If after filing an emergency suspension you're considering withdrawal: have you factored in that you'll owe the registration fee (€200 or €600), the contribution, and potentially a procedural indemnity (up to €770) to the opposing party?
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 →