Annulment appeal for GCSF growth factor framework agreement Vivalia moot after withdrawal — earlier suspension ordered — costs to respondent
The Council of State found that BV Accord Healthcare's annulment appeal against the award of lot 1 of a framework agreement for GCSF growth factors for Vivalia's hospital pharmacies (awarded to NV Teva Pharma Belgium) had become moot following Vivalia's withdrawal on 28 July 2025 — thirteen days after the suspension ruling — with costs to the respondent as losing party.
What happened?
Vivalia (intercommunal hospital network) awarded lot 1 of a GCSF supply framework agreement to Teva Pharma Belgium on 23 April 2025. Accord Healthcare filed an annulment appeal. Suspension was ordered by arrest 263.956 of 15 July 2025. Vivalia withdrew the decision on 28 July 2025. Under the expedited Article 11/5 procedure, the Council declared the appeal moot and ordered Vivalia to bear costs (€400 court fees, €52 contributions, €770 procedural indemnity). Teva bore €150 for its intervention.
Why does this matter?
This ruling shows the common pattern of withdrawal shortly after a suspension ruling. The expedited Article 11/5 procedure ensures quick resolution when the decision is withdrawn after suspension.
The lesson
After obtaining suspension, expect the authority may withdraw quickly — continue the annulment appeal for cost recovery. As authority, withdrawal after suspension triggers cost liability.
Ask yourself
Obtained suspension and the authority withdraws? Continue the appeal. Received a suspension ruling? Evaluate quickly whether to maintain or withdraw.
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 →