Annulment appeal for cleaning services Bruxelles Prévention et Sécurité moot after withdrawal of exclusion and award decision — earlier suspension rejected — costs to respondent
The Council of State found that NV Group Cleaning & Services' annulment appeal against the decision to exclude its offer and award cleaning services contract MP 23-037 to NV Köse Cleaning had become moot following the respondent's withdrawal on 25 April 2025, treating the withdrawal as a substitute for annulment and ordering the respondent to bear costs including a €770 procedural indemnity.
What happened?
Bruxelles Prévention et Sécurité excluded NV Group Cleaning & Services from a cleaning services contract and awarded it to NV Köse Cleaning on 7 March 2025. Group Cleaning & Services appealed on 2 April 2025. The respondent withdrew the decision on 25 April 2025 — before the urgent suspension ruling of 10 June 2025 (arrest 263.544) which rejected the suspension request. Group Cleaning & Services continued the annulment appeal. The Council declared the appeal moot, treating the withdrawal as a substitute for annulment and ordering the respondent to bear costs (€200 court fee, €26 contribution, €770 procedural indemnity).
Why does this matter?
This ruling shows that pursuing the annulment appeal after withdrawal can be worthwhile to recover costs, as the withdrawal is treated as a substitute for annulment making the respondent the losing party.
The lesson
When the authority withdraws the contested decision, continue the annulment appeal to recover costs. As contracting authority, withdrawal after an appeal triggers cost liability.
Ask yourself
Has the decision been withdrawn after your appeal? Continue to recover costs. As authority, factor in cost liability when withdrawing.
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 →