Urgent suspension request for asbestos removal social housing Obourg rejected for non-payment of court fee after withdrawal — procedural indemnity still charged to respondent — no excessive formalism
The Council of State rejected BAV's urgent suspension request against the non-selection for asbestos removal works (social housing Obourg) for non-payment of the court fee, but still awarded the €770 procedural indemnity against the respondent Toit & Moi, ruling it would be excessive formalism to require payment when the contested decision had already been withdrawn.
What happened?
Toit & Moi decided not to select BAV's offer for lot 1 (asbestos removal) of a social housing renovation and to re-tender. BAV filed an urgent suspension request on 10 December 2025. On 26 December 2025, Toit & Moi withdrew. BAV deliberately chose not to pay the court fee after learning of the withdrawal. The Council rejected the claim for non-payment but awarded the procedural indemnity to BAV, ruling it excessive formalism to require fee payment solely to claim the indemnity.
Why does this matter?
This ruling establishes that after withdrawal, an applicant need not pay the court fee yet retains the right to the procedural indemnity. The respondent remains the losing party regardless of the formal rejection.
The lesson
After withdrawal, you need not pay the court fee but can still claim the procedural indemnity. The withdrawing party bears costs regardless.
Ask yourself
Contested decision withdrawn after your filing? You can skip the court fee and still claim the procedural indemnity.
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 →