Rejection of urgent suspension application for IT framework agreement due to non-payment of court fee — withdrawal after twelve days insufficient for reduction of procedural indemnity
The Council of State rejects the urgent suspension application by SA Orange Business Digital Belgium against the declaration of irregularity of its offer for an IT framework agreement of Paradigm Brussels, because the contribution and court fee were not paid before the closing of debates, and awards the base amount of EUR 770 procedural indemnity — twelve days between filing and withdrawal is not particularly short in urgent proceedings.
What happened?
Paradigm Brussels, the purchasing body of the Brussels-Capital Region, tendered a framework agreement for IT assistance services for the Centre d'Informatique pour la Région Bruxelloise. On 29 January 2024, Paradigm declared the offer of SA Orange Business Digital Belgium substantially irregular. Orange filed an urgent suspension application on 16 February 2024. The hearing was fixed for 14 March 2024. On 28 February 2024 — twelve days after filing — Orange informed the Council it wished to withdraw. On 4 March 2024, the respondent filed the administrative dossier with observations. At the hearing of 14 March 2024, it was established that Orange had not paid the contribution of EUR 24 and court fee of EUR 200 before the closing of debates. Pursuant to article 71(3) of the Regent's Decree of 23 August 1948, the application was rejected. Paradigm claimed a procedural indemnity of EUR 770. Orange requested reduction to the legal minimum given the rapid withdrawal. The Council held that twelve days is not particularly short in urgent proceedings, and that Paradigm had uncontestedly incurred legal costs. The procedural indemnity was set at the base amount of EUR 770. The belatedly paid contribution and court fee (EUR 224) were refunded to Orange.
Why does this matter?
This ruling illustrates two procedural pitfalls in urgent suspension proceedings. First, payment of the contribution and court fee is a strict admissibility requirement — without timely proof of payment, the application is automatically rejected regardless of substantive grounds. Second, withdrawal does not automatically protect against the procedural indemnity. In urgent proceedings where deadlines are measured in days, twelve days is not 'particularly short' and therefore does not justify reducing the base amount.
The lesson
Pay the contribution (EUR 24) and court fee (EUR 200) immediately when filing an urgent suspension application. Proof of payment must be produced before the closing of debates — late payment (even the day after the hearing) is insufficient. Before filing, carefully consider whether you intend to pursue the case: withdrawing after twelve days does not protect you from the EUR 770 procedural indemnity.
Ask yourself
As a tenderer considering an urgent suspension application: have I paid the contribution and court fee immediately? Do I have proof of payment ready for the hearing? If considering withdrawal: have I factored in the financial consequences, knowing that twelve days is not considered 'particularly short'?
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 →