Appeal Deadline in Procurement Law 2026

Appeal deadline in procurement law: two-week deadline for the immediate appeal against decisions of the procurement chamber. Calculation, start and consequences of missing it.

Definition: The appeal deadline in procurement review law is the statutory two-week period within which an immediate appeal against the decision of the procurement chamber must be lodged and reasoned before the competent Higher Regional Court.

Last updated: January 2026 · Legal basis: § 172 para. 1 GWB, BVergG 2018

What is the appeal deadline?

The two-week appeal deadline is a preclusive deadline – missing it renders the appeal inadmissible and the decision of the procurement chamber becomes final.

The immediate appeal in procurement review law is an expedited legal remedy. The procurement procedure should not be blocked unnecessarily long; at the same time, the losing parties should retain a realistic opportunity to challenge the decision. The legislator has therefore provided for a short but clear period of two weeks.

Start of the Deadline

The appeal deadline begins with the service of the decision of the procurement chamber.

Decisive is the formal service of the decision on the party wishing to lodge an appeal. Mere knowledge or an informal indication is not sufficient. The date of service results from the proof of service (acknowledgement of receipt or return of the receipt confirmation).

In the case of multiple appellants, the deadline begins to run for each individually upon service on them. The intervener, on whom the decision is also served, likewise has two weeks from service on them.

Calculation of the Deadline

The deadline is calculated in accordance with the general rules of §§ 187 ff. BGB.

Start of deadline: day following service (§ 187 para. 1 BGB)
End of deadline: two weeks later, at the end of the day in each case (§ 188 para. 2 BGB)
If the end of the deadline falls on a Saturday, Sunday or public holiday, the deadline ends on the next working day (§ 193 BGB)

Consequences of Missing the Deadline

If the appeal deadline is missed, the immediate appeal is inadmissible; the decision of the procurement chamber becomes final.

Reinstatement to the previous status is, according to the prevailing view, generally not possible in procurement review law, as it concerns a substantive preclusive deadline. Exceptions in cases of serious defects in service are conceivable but rare.

Austria: Appeal Deadlines

Short deadlines likewise apply in Austrian procurement law for appeals against decisions of procurement supervision.

In the Austrian system, the Federal Administrative Court (for federal contracts) is competent at first instance. Against its rulings, in principle, an appeal on points of law to the Administrative Court or a constitutional complaint to the Constitutional Court can be lodged. The respective deadlines are set out in the VwGG and VfGG.

FAQ

Does the two-week deadline also apply to the intervener? Yes. The intervener must also lodge and reason their immediate appeal within two weeks of service of the decision.

Must the reasoning be submitted within the appeal deadline or can it be submitted later? Pursuant to § 172 para. 3 GWB, the reasoning must also be submitted within the two-week deadline. There is no separate, longer reasoning deadline in procurement review law.

What happens if the decision was served improperly? If service is defective, the deadline does not begin to run. The appellant should, however, act without delay as soon as they actually become aware of the decision.

Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in procurement law.