Withdrawal of urgent suspension request for container rental and transport at Limburg.net recycling parks after intervention request by successful tenderer — costs charged to applicant
The Council of State granted withdrawal of BV G.'s urgent suspension request against Limburg.net's award of the container rental and transport contract (lots 1, 4, 10 and 11) to NV B., after the applicant withdrew ten days after filing, with NV B.'s intervention request granted and costs of the suspension request charged to the applicant.
What happened?
Limburg.net awarded a container rental and transport services contract for recycling parks across multiple lots. BV G. filed an urgent suspension request on 16 December 2025. NV B. (successful tenderer for lots 1, 4, 10, 11) requested intervention on 23 December 2025. On 26 December 2025, BV G. withdrew. The Council granted the intervention, acknowledged the withdrawal, and charged suspension costs to the applicant and intervention costs to the intervener.
Why does this matter?
This ruling shows how withdrawal after filing terminates the procedure but leaves the applicant liable for costs, while intervention costs remain with the intervener even when the main claim is withdrawn.
The lesson
Withdrawal after filing a suspension request does not avoid costs. As a successful tenderer, request intervention promptly but note the €150 court fee remains your responsibility even if the applicant withdraws.
Ask yourself
Considering withdrawal? You still pay costs. Won the contract and facing a challenge? Request intervention early but budget for the fee.
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 →