Annulment appeal moot after withdrawal of award decision — lifting of previously ordered suspension — procedural indemnity at base amount charged to respondent
The Council of State found that the annulment appeal by SRL O2O against the award by SCRL Vivalia of a bike leasing framework agreement had become moot, as Vivalia had withdrawn the contested award decision on 8 July 2025 and the withdrawal had become definitive in the absence of an annulment appeal, resulting in the lifting of the suspension previously ordered by judgment no. 263.712 and the award of the procedural indemnity at the base amount to the applicant.
What happened?
Vivalia awarded a bike leasing framework agreement to Bike4All on 1 April 2025, with O2O ranked second. O2O filed an annulment appeal on 5 July 2025. The Council had previously ordered the suspension of the award decision by judgment no. 263.712 of 24 June 2025. On 8 July 2025, Vivalia withdrew the award decision. The withdrawal was notified to tenderers on 14-16 July 2025 with indication of appeal possibilities. No appeal was filed against the withdrawal within the prescribed deadline, making it definitive. The annulment appeal lost its object and the suspension was lifted. Vivalia was considered the losing party and ordered to pay the procedural indemnity at the indexed base amount of €770, plus court fees.
Why does this matter?
This ruling illustrates the procedural consequences of a contracting authority withdrawing a contested award decision: the annulment appeal becomes moot and any previously ordered suspension is lifted. The withdrawal is treated as a substitute for contentious annulment, making the contracting authority the losing party responsible for costs. However, the base amount of the procedural indemnity cannot be increased when the appeal has become moot.
The lesson
As a contracting authority: withdrawing an award decision after an annulment appeal is treated as a substitute for annulment — you will bear the procedural costs. Ensure the withdrawal decision is properly notified with appeal information. As a tenderer: when the contested decision is withdrawn, your appeal becomes moot but you retain the right to the procedural indemnity at the base amount.
Ask yourself
As a contracting authority: have you considered that withdrawing the award decision means bearing procedural costs? As a tenderer: if the contested decision is withdrawn, is your annulment appeal still meaningful, and have you claimed the procedural indemnity?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 →