Annulment appeal rendered moot after withdrawal of SNCB railway station cleaning contract award and selection — costs borne by SNCB
The Council of State finds there is no longer any reason to rule on the annulment appeal by SA ISS Facility Services against the selection of Jette Clean and the award of lots 1 and 3 of the SNCB railway station and service building cleaning contract, as the SNCB withdrew the award decision on 4 June 2021 and renounced the award of those lots — the withdrawal having become definitive in the absence of an annulment appeal.
What happened?
SA ISS Facility Services sought annulment of two SNCB decisions regarding the railway station and service building cleaning contract: the selection decision of 6 December 2019 (insofar as Jette Clean was selected) and the award of lots 1 and 3 to Jette Clean. The Council had already suspended the award by ruling no. 250,159 of 18 March 2021. On 4 June 2021, the SNCB withdrew the award and renounced the lots. This withdrawal explicitly covered the award decision and implicitly the underlying selection decision. Jette Clean's suspension request against the withdrawal was rejected (ruling no. 251,280 of 16 July 2021), and no annulment appeal was filed, making the withdrawal definitive. The appeal lost its object. Costs were charged to the SNCB.
Why does this matter?
This ruling illustrates the classic mechanism of loss of object through withdrawal in procurement litigation. Withdrawal of the award decision implicitly withdraws the underlying selection decision when the authority renounces the lots concerned. The initial beneficiary's failure to obtain suspension of the withdrawal and to file an annulment appeal makes the withdrawal definitive.
The lesson
When a contracting authority withdraws an award and renounces the lots, the withdrawal has a dual effect: it annihilates not only the award but also, implicitly, the underlying selection decision. For the initial beneficiary: if you wish to challenge the withdrawal, do not limit yourself to a suspension request — also file an annulment appeal, otherwise the withdrawal becomes definitive.
Ask yourself
As contracting authority: when I withdraw an award and renounce the lots, am I aware the withdrawal also implicitly covers the selection? As initial beneficiary: if the authority withdraws the decision in my favour, have I filed an annulment appeal and not just a suspension request?
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 →