Annulment appeal moot after withdrawal of non-award decision for restoration of St Servatius Church Diepenbeek — costs charged to respondent
The Council of State rejected the annulment appeal by NV R. against the non-award decision by the St Servatius Church Board for the restoration of St Servatius Church in Diepenbeek (phases II + III), after the Church Board withdrew the contested decision of 21 March 2025 on 3 July 2025, rendering the appeal moot, with costs charged to the respondent.
What happened?
The St Servatius Church Board decided on 21 March 2025 not to award a public works contract for the restoration of St Servatius Church in Diepenbeek (phases II + III) to NV R., the sole tenderer. NV R. filed an annulment appeal on 21 May 2025. On 3 July 2025, the Church Board withdrew the non-award decision. The case was handled through written proceedings without a hearing (article 26 §2 Regent's Decree). The appeal became moot. Costs (€200 court fee, €26 contribution, €770 procedural indemnity) were charged to the Church Board.
Why does this matter?
This ruling confirms that withdrawal of a non-award decision (not just an award decision) has the same procedural consequences: the appeal becomes moot and costs are charged to the respondent. The case was handled through written proceedings, typical for straightforward mootness cases.
The lesson
When the contracting authority withdraws a non-award decision after an appeal, the appeal becomes moot but costs are charged to the respondent.
Ask yourself
Has the contested non-award decision been withdrawn? If so, your appeal becomes moot but you retain the right to procedural costs.
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 →