Combined urgent suspension request and annulment appeal for renovation of 201 social dwellings moot after withdrawal and abandonment — Article 30 §5 — sister case of ruling 265.446 — costs charged to respondent
The Council of State found that both NV CBD's urgent suspension request and annulment appeal against the award decision of 28 March 2024 for lot 1 of the energy renovation of 201 social dwellings had become moot following the respondent's withdrawal and contract abandonment on 29 October 2024, deciding both claims in a single ruling under Article 30 §5 and ordering the respondent to bear costs as the losing party.
What happened?
This ruling concerns the same award decision as sister case 265.446 (NV Lixon). NV CBD filed a combined suspension and annulment request on 29 May 2024. At an earlier hearing (arrest 260.373), the intervention was admitted and the case adjourned sine die. The respondent withdrew the decision and abandoned the contract on 29 October 2024. Under Article 30 §5, the Council decided both claims in a single ruling without requiring a request for continuation. The respondent bore costs (€200 court fee, €24 contribution, €770 procedural indemnity). Each intervener bore €150.
Why does this matter?
This ruling demonstrates Article 30 §5 in practice: when a contested decision is withdrawn during combined proceedings, both claims are decided in one ruling without additional fees. Together with sister case 265.446, it shows how parallel proceedings by different tenderers against the same decision lead to multiple cost condemnations upon withdrawal.
The lesson
With combined suspension and annulment proceedings, withdrawal triggers a single ruling on both claims under Article 30 §5 with no additional fees. Claim the procedural indemnity. As contracting authority, parallel proceedings mean multiple cost condemnations upon withdrawal.
Ask yourself
Has the contested decision been withdrawn during combined proceedings? Both claims are handled in one ruling. Claim the indemnity. Multiple parallel proceedings? Budget for multiple cost condemnations.
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 →