After the Excel formula suspension, BEP withdraws the award entirely — TEGEC wins without a fight
A year after the Council of State suspended the award to Geciroute over improper Excel error corrections (ruling 262.442), this follow-up ruling confirms BEP has definitively withdrawn the award — TEGEC recovers €1,218 in procedural costs.
What happened?
This ruling is the final chapter of a case that started in November 2024. BEP — the Bureau Economique de la Province de Namur — awarded a contract for constructing stands at the Quai des Joghiers in Namur to Geciroute, for €185,237 excl. VAT (€224,137 incl. VAT). The problem: BEP had corrected errors in Geciroute's Excel formulas as 'arithmetic mistakes,' when it was not established that these were simple calculation errors. TEGEC, the losing bidder, went to the Council of State. On 20 February 2025, the Council suspended the award in the landmark ruling 262.442 — a textbook example of how not to handle price corrections. What happened next is equally interesting. On 21 January 2025 — one day before the annulment request was filed — BEP had already withdrawn the award decision. But it took until 22 April 2025 for BEP to notify the Council. The auditor demanded proof that all tenderers had been informed. Only in November 2025 did BEP provide the registered mail receipts. Finally, on 19 March 2026, the Council confirms the withdrawal is definitive — no one challenged it — and lifts the suspension. BEP pays the costs: €400 court fee, €48 contribution, and €770 procedural indemnity. TEGEC had requested €924, but when a case becomes moot, only the base amount is awarded.
Why does this matter?
This is the definitive end of the Excel formula case. It confirms what we saw in ruling 262.442: if you improperly correct Excel errors, you can lose the entire award. BEP had to withdraw the decision — a de facto acknowledgment that the correction was wrong. For bid managers the lesson is twofold: (1) if your competitor benefits from questionable price corrections, it pays to litigate; (2) as a contracting authority, you must be extremely careful with price corrections, because the consequences of a mistake can ripple on for months.
The lesson
If the Council of State suspends an award and the contracting authority subsequently withdraws the decision: that's the strongest signal you were right. Keep all documentation — including about the withdrawal and the communication around it. And know that even if the annulment proceedings end 'without object,' you still recover your procedural costs.
Ask yourself
Have you obtained a suspension from the Council of State and heard nothing from the contracting authority for weeks? Check whether the decision has been quietly withdrawn — and whether all tenderers have been properly notified.
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 →