Infrabel declares offer irregular, withdraws that decision as soon as the Council of State calls — and the bill stays open
Infrabel declared French company ENVU's offer irregular for a railway weed control contract, then withdrew that decision before the Council of State hearing — making the suspension claim moot, but with costs reserved pending the ongoing annulment proceedings.
What happened?
Infrabel issued a service contract for weed control on Belgium's main railway lines — specifically the rental of a herbicide train with qualified personnel. French environmental science company ENVU submitted a bid, but Infrabel declared it irregular and awarded the contract to a competitor. On 16 February 2026, ENVU challenged this at the Council of State, requesting both emergency suspension and annulment. Just four days later, on 20 February, Infrabel's lawyer emailed the Council that withdrawal of the decision was 'probable.' On 3 March, Infrabel formally withdrew the decision. At the hearing on 10 March, ENVU itself acknowledged that its suspension request had become moot. The notable aspect: ENVU asked Infrabel to pay procedural costs, but the Council reserved the costs — because annulment proceedings are also pending. Costs will only be allocated once that case concludes. Additionally, ENVU's offer was kept confidential.
Why does this matter?
This ruling illustrates a subtle difference from similar withdrawal cases. When annulment proceedings run alongside the emergency suspension, costs are not immediately allocated but reserved. This means you wait longer for reimbursement as an applicant. But it also shows that filing both suspension and annulment can be tactically smart: the annulment proceedings continue even if the authority withdraws the decision, keeping pressure on them to get it right the second time.
The lesson
If you combine an emergency suspension with an annulment request and the contracting authority withdraws its decision: you lose the suspension claim, but the annulment proceedings continue. Procedural costs are reserved until the annulment case concludes — not paid out immediately.
Ask yourself
Considering an appeal to the Council of State? File both an emergency suspension and an annulment request. If the authority withdraws its decision, the annulment proceedings keep pressure on the new decision.
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 →