Cybersecurity firm loses Council of State appeal over one missed deadline — without the case ever being examined on its merits
A non-selected cybersecurity company loses its appeal against VLAIO because it failed to file a reply brief within the statutory 60-day period — the Council of State finds lack of interest without examining the substance of the case.
What happened?
The Agency for Innovation & Entrepreneurship (VLAIO) issued a framework agreement for service providers to help Flemish companies improve their cybersecurity. A company — unnamed in the ruling — submitted a bid but was not selected in the first step of the competitive negotiated procedure. On 27 June 2025, the company appealed to the Council of State seeking annulment. The Flemish Region filed a response brief, which was served on the applicant on 24 September 2025. And then… silence. The applicant never filed a reply brief. Not within the statutory 60-day period, not afterwards. The chief clerk had explicitly warned: if you don't respond, the Council will find you have no further interest. On 6 February 2026, the case was processed under the shortened procedure via Article 14bis. Neither party requested to be heard. On 18 March 2026, the Council rejected the appeal for lack of interest. The cybersecurity firm was ordered to pay €996 in costs: €200 court fee, €26 contribution, and €770 procedural indemnity — to the Flemish Region.
Why does this matter?
This is one of the most painful ways to lose a case. The company may have had a strong substantive case, but we'll never know — it was never examined on its merits. The Council of State enforces strict procedural deadlines, and Article 21 is merciless: no reply brief within 60 days = your interest automatically lapses. This happens more often than you'd think, especially with smaller firms that underestimate the procedural complexity of the Council of State.
The lesson
When you file an appeal at the Council of State: immediately calendar all procedural deadlines. The deadline for the reply brief (60 days after receiving the response brief) is fatal — miss it and you automatically lose, regardless of how strong your case is on the merits.
Ask yourself
Do you have a pending appeal at the Council of State? Check now whether a response brief has arrived and when your reply brief is due. Those 60 days go faster than you think.
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 →