After a suspension the contracting authority withdraws — applicant still pockets €770
The Council of State declares Safe & Sound's annulment appeal moot after La Sambrienne withdrew its decision declaring the firm's bid irregular, and orders the contracting authority to pay all costs including a €770 procedural indemnity.
What happened?
On 18 July 2024, the Charleroi social housing company La Sambrienne declared Safe & Sound's bid irregular for contract PA24005 (rental and maintenance of fire-fighting equipment). La Sambrienne decided not to award and to relaunch the tender via competitive procedure with negotiation. Safe & Sound filed an urgent suspension request and won: ruling no. 260.520 of 22 August 2024 suspended the decision. On 17 September 2024, Safe & Sound filed its annulment appeal. Then the twist: on 28 October 2024, La Sambrienne itself withdrew the contested decision. All bidders were notified by registered letter on 29 and 30 October, with proper mention of appeal deadlines. No one appealed the withdrawal. The withdrawal became final, and the annulment appeal lost its purpose. The Council applied the classic reasoning of Article 30/1 of the coordinated laws: 'the disappearance of the contested act through withdrawal constitutes a surrogate for annulment', so the contracting authority is treated as the losing party. Safe & Sound received the requested €770 procedural indemnity, plus the €400 filing fees and €48 contributions at La Sambrienne's expense.
Why does this matter?
This ruling illustrates an often underestimated strategic exit for contracting authorities who lose a suspension: simply withdraw the decision. The authority avoids a substantive annulment — but the applicant does not go home empty-handed. The Council consistently treats a post-challenge withdrawal as a 'succédané' of annulment: the applicant is considered the winning party and receives the €770 indemnity plus filing fees. For bid managers, this means: after winning a suspension, your litigation costs are effectively covered even if the authority simply withdraws.
The lesson
If you have won a suspension and the authority then withdraws the decision, don't sit back. File the annulment appeal (or let it run if you already filed) and wait: when the withdrawal becomes final, the Council declares the case moot and orders costs plus a €770 indemnity against the authority. You win twice — substantively (the unlawful decision disappears) and financially (costs covered).
Ask yourself
Has the contracting authority actually withdrawn the decision after my suspension, and have I filed my annulment appeal in time to recover the procedural indemnity via Article 30/1?
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 →