bPost withdraws its non-selection decision just before the hearing — and foots the bill
When Italian company Logistica Paggiola launched an emergency suspension procedure against its non-selection by bPost, bPost withdrew the decision two days before the hearing — rendering the case moot, but leaving bPost to pay all procedural costs.
What happened?
bPost launched a public procurement for the supply of stackable metal containers on wheels. Italian company Logistica Paggiola submitted a bid but was not selected. On 25 February 2026, Paggiola filed an emergency suspension request with the Council of State. The case was scheduled for hearing on 13 March 2026. But two days earlier, on 10 March, bPost withdrew the contested decision — with retroactive effect. At the hearing, when asked whether the claim still had merit, Paggiola had nothing to add. The Council found that due to the withdrawal, the applicant was no longer 'harmed or at risk of being harmed' within the meaning of Article 14 of the Remedies Act. Result: the suspension request was declared inadmissible. However — and this is the notable part — bPost was considered the losing party and ordered to pay all costs: €200 court fee, €26 contribution, and €770 procedural indemnity.
Why does this matter?
This ruling illustrates a pattern seen regularly: a contracting authority withdrawing the contested decision under pressure from emergency proceedings, likely to avoid a substantive review by the Council. The applicant doesn't formally 'win' — the claim is declared inadmissible — but does recover all costs. For bid managers this matters: if you notice the authority withdrawing its decision after your appeal, know that your procedural costs will be reimbursed. The withdrawal is effectively an implicit admission that something was wrong.
The lesson
If you launch emergency suspension proceedings and the contracting authority withdraws its decision before the hearing: you lose your claim (it becomes inadmissible), but you get your procedural costs back. The retroactive withdrawal means you are considered the winning party.
Ask yourself
Has the contracting authority just received your appeal and suddenly withdrawn the contested decision? Ask yourself: what was wrong with that original decision — and should you scrutinize the new decision just as critically?
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 →