Lose your urgent suspension and still pocket €770 — how does that work?
The Council of State declares the annulment appeal of auditor firm Callens, Vandelanotte & Theunissen against the irregularity ruling for the CAPAC auditor contract moot, and grants €770 in procedural indemnity — even though the applicant had lost its earlier urgent suspension.
What happened?
On 3 December 2024, the Belgian federal department of Social Security declared the bid of Callens, Vandelanotte & Theunissen for the appointment of a company auditor at CAPAC (the unemployment benefits assistance fund, 2025-2030 financial years) irregular due to an 'abnormally high price'. No award, and the procedure was relaunched. Callens, Vandelanotte & Theunissen had been the only bidder. The firm filed an urgent suspension request — and lost: ruling no. 261.973 of 13 January 2025 rejected the suspension. But something unusual happened. On 19 December 2024 — four weeks before the suspension ruling — the federal department had already withdrawn the contested decision itself. That withdrawal was notified to the applicant by registered letter and email on 23 December 2024, with proper mention of appeal deadlines. No one appealed the withdrawal. Yet Callens, Vandelanotte & Theunissen filed an annulment appeal on 31 January 2025 against the original 3 December decision — already officially withdrawn six weeks earlier. The Council applied settled case law: the disappearance of the contested act by withdrawal is a 'succédané' of annulment. Even though the earlier suspension was rejected, the subsequent withdrawal makes the applicant the winner in this annulment — with €770 procedural indemnity, €200 filing fee and €24 contribution charged to the Belgian State.
Why does this matter?
This is the most surprising of the three sister rulings of 26 June 2025: the applicant lost the suspension, which would seem to exclude any procedural reward. But the Council links the indemnity not to the suspension outcome but to the outcome in the annulment. And there, the applicant automatically 'wins' the moment the contracting authority withdraws — regardless of what happened in the parallel suspension. Even after a lost suspension, you can recover €770 through the annulment if the authority has withdrawn in the meantime. For bid managers, that's a safety net: losing a suspension is not always the end.
The lesson
If your suspension request was rejected but the authority nevertheless withdraws the contested decision (before, during or after the suspension), still file an annulment appeal within the deadline. Once that withdrawal becomes final, you receive €770 in procedural indemnity plus filing fees — regardless of whether your suspension was granted or rejected. Success in annulment is measured by the disappearance of the act, not by the suspension ruling.
Ask yourself
Was the contested decision withdrawn after my suspension was rejected? If so, have I filed an annulment appeal within 60 days — so that I can still recover €770 via the 'succédané' reasoning?
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 →