The 60-day time limit for annulment proceedings starts from the day after dispatch of the registered letter — not from receipt
The annulment action is inadmissible ratione temporis: the 60-day time limit starts running from the day after dispatch of the notification (February 9), not from the date of receipt (February 12), making the application of April 10 one day late.
What happened?
AGB Vauban awards a design-and-build contract for a swimming pool in Ypres. The notification is sent by email and registered letter on February 9, 2024. The registered letter is delivered by bpost on February 12, 2024. The applicants file their annulment action on April 10, 2024. The respondent argues this is too late: the 60-day period started running on February 10 (day after dispatch) and expired on April 9.
Why does this matter?
This judgment confirms a crucial time limit rule that every tenderer must know. Under the Remedies Act of June 17, 2013, the 60-day time limit for annulment starts running from the day after dispatch of the notification, not from the day of receipt. This deliberately deviates from the general procedural rules (art. 4 GPR) where the time limit runs from 'notification' meaning receipt. The legislator rejected the Council of State's suggestion to replace 'notification' with 'service' — a deliberate choice. In practice, this can mean you have up to three days less than you think, depending on postal delivery.
The lesson
Count your 60 days from the date on the registered letter, not from the moment you physically receive it. For non-simultaneous dispatches, the time limit runs from the day of the last dispatch. One day late is fatal — even if you have strong substantive grounds.
Ask yourself
Do you immediately note the dispatch date of the registered letter when receiving an award decision? That date — not the receipt date — is your starting point. Do you calculate the time limit correctly: day after dispatch = day 1, applying Regulation 1182/71? Note: the dies a quo (dispatch day itself) is not included. Do you plan your appeal deadline with a margin? This judgment shows that one day's difference can be the difference between admissible and inadmissible.
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 →