Rehabilitation motorway A15/E42 Courcelles–Gouy-Les-Piéton: application rejected due to withdrawal of award decision before hearing, Walloon Region dismissed, costs borne by SOFICO
The Council of State rejects a suspension application against the award of a motorway rehabilitation contract (A15/E42) as inadmissible, because SOFICO withdrew the award decision before the hearing — the withdrawal operates retroactively so the alleged violations did not harm the applicant. The Walloon Region is dismissed as a party and costs are borne by SOFICO.
What happened?
SOFICO tendered for rehabilitation works on the A15/E42 motorway between Courcelles and Gouy-Les-Piéton. Four offers were submitted. SOFICO selected Willemen Infra and Eurovia, excluded Colas Belgium and Wanty/TRBA for substantial irregularity, and awarded to Eurovia Belgium for €5,142,514.87 excl. VAT. Colas Belgium filed for suspension on 18 August 2025. The Walloon Region was dismissed as a party since the decision was signed by SOFICO alone (the Region only provides technical assistance). On 29 August 2025 — before the 9 September hearing — SOFICO withdrew the decision. The retroactive withdrawal removes the applicant's standing, making the application inadmissible. Despite rejection, SOFICO bears costs as the party who succumbed.
Why does this matter?
Withdrawal before judgment operates retroactively and removes standing. The withdrawing authority bears procedural costs. When a decision is signed by SOFICO alone, the Walloon Region providing technical assistance is not a proper respondent.
The lesson
As a contracting authority: withdrawing a vulnerable award decision avoids suspension but you bear costs. Ensure it is clear who is the contracting authority versus who provides technical assistance. As a tenderer: withdrawal renders your application moot but you do not bear costs. Always identify the correct respondent — check who signed the challenged decision.
Ask yourself
As a contracting authority: are you considering withdrawal? Are you prepared to bear costs? Is it clear who the contracting authority is? As a tenderer: has the authority withdrawn the decision? Check cost allocation. Have you identified the correct respondent?
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 →