Annulment appeal against first award decision for dispatching radio Bruxelles Mobilité moot after withdrawal — related to ruling 265.432 — costs to respondent
The Council of State found that BV Sophia Group's annulment appeal against the first award decision for the 24/7 radio dispatching operation for Bruxelles Mobilité had become moot following the respondent's withdrawal on 3 June 2025, treating the withdrawal as a substitute for annulment and ordering the respondent to bear costs including a €770 procedural indemnity.
What happened?
This ruling is part of a series of proceedings concerning the radio dispatching contract for Bruxelles Mobilité, also covered by ruling 265.432. The first award to Lombardi Belgium was withdrawn on 3 June 2025. Sophia Group's earlier urgent suspension request was rejected by arrest 263.700 of 23 June 2025. The annulment appeal was declared moot. Subsequently, a second award was suspended (arrest 264.175) and a third was upheld (arrest 265.432). The respondent bore costs (€200 court fee, €26 contribution, €770 procedural indemnity).
Why does this matter?
This ruling shows that each withdrawn award decision generates separate cost liability for the contracting authority. Across three successive decisions for the same contract, the authority accumulated multiple procedural indemnities and court fees.
The lesson
Track each successive award decision separately — each withdrawal triggers separate cost recovery. As contracting authority, successive withdrawals accumulate significant costs.
Ask yourself
Has the first award been withdrawn and replaced? Continue the annulment appeal for cost recovery. As authority, calculate cumulative costs across successive decisions.
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 →