Discontinuance by applicant of annulment appeal and damages claim against non-award of prepared meals supply for Internaat de Nachtvlinder — court fees for damages claim refunded
The Council of State granted notice of discontinuance by NV D. of the annulment appeal and damages claim against the non-award of the prepared meals supply contract for Internaat de Nachtvlinder of Scholengroep Wijs, with costs of the annulment appeal charged to the applicant and court fees for the damages claim refunded.
What happened?
Scholengroep Wijs decided on 5 June 2025 not to award the prepared meals supply contract to NV D. The company filed an annulment appeal with damages claim on 1 July 2025 but notified the Council on 18 September 2025 of its discontinuance. The Council held that discontinuance also covered the ancillary damages claim. Costs were charged to the applicant for the annulment appeal; court fees for the damages claim were refunded.
Why does this matter?
This ruling clarifies that discontinuance automatically covers ancillary damages claims, with different cost treatment for each component.
The lesson
Discontinuance covers both the annulment appeal and ancillary damages claim. You bear annulment costs but damages court fees are refunded.
Ask yourself
Considering discontinuance? Know it affects your damages claim too. Annulment costs are yours; damages fees are refunded.
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 →