Annulment appeal for renovation of 201 social dwellings moot after withdrawal of award decision and abandonment of contract — withdrawal as substitute for annulment — procedural indemnity of €770 charged to respondent
The Council of State found that NV Lixon's annulment appeal against the award decision of 28 March 2024 by the Immobilière Sociale Entre Sambre et Haine for lot 1 of the energy renovation of 201 social dwellings had become moot following the respondent's withdrawal of the decision and abandonment of the contract on 29 October 2024, with the withdrawal treated as a substitute for annulment and the respondent ordered to bear costs including a €770 procedural indemnity.
What happened?
The social housing company awarded lot 1 of an energy renovation works contract for 201 social dwellings on 28 March 2024. NV Lixon filed an annulment appeal on 31 May 2024. The Council had already ordered urgent suspension by arrest 260.372 of 2 July 2024. On 29 October 2024, the respondent withdrew the decision and abandoned the contract. No appeal was filed against these decisions. The Council found the annulment appeal moot, treating the withdrawal as a substitute for annulment and ordering the respondent to bear all costs (€400 court fee, €48 contributions, €770 procedural indemnity limited under Article 67 §2(3) of the general rules of procedure).
Why does this matter?
This ruling confirms that withdrawal of a contested decision is treated as a substitute for annulment, making the respondent the losing party who bears costs including procedural indemnity. The indemnity is limited to €770 when the procedure does not result in a judgment on the merits.
The lesson
When the authority withdraws after a suspension ruling, explicitly request the procedural indemnity — withdrawal counts as a substitute for annulment. As contracting authority, withdrawal does not avoid costs.
Ask yourself
Has the authority withdrawn? Claim the procedural indemnity. Considering withdrawal? Budget for costs including €770 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 →