Appeal Statement in Procurement Law 2026

Definition: The appeal statement is the substantiated, written submission of the appellant in the immediate appeal proceedings before the Higher Regional Court, setting out why the challenged decision of the procurement chamber is defective and should be set aside or amended.

Last updated: January 2026 · Legal basis: § 172 para. 3 GWB, § 520 ZPO by analogy

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What is the appeal statement?

The appeal statement is the central document of the immediate appeal in procurement review law – without sufficient reasoning, the appeal is inadmissible and will be dismissed.

The immediate appeal against decisions of the procurement chamber is lodged with the competent Higher Regional Court. It must be lodged and reasoned within two weeks of service of the decision (§ 172 para. 3 GWB). A separate reasoning deadline as in general civil procedure does not exist in procurement review law – the lodging and the reasoning coincide in time.

Content of the Appeal Statement

A legally effective appeal statement must meet certain minimum requirements.

The reasoning must:

• Specifically identify the challenged decision (date of the decision, case number of the procurement chamber)
• Formulate the appeal requests (what exactly should the Higher Regional Court decide?)
• Set out the grounds of appeal in a substantiated manner (why is the decision wrong?)
• Point to specific legal or factual errors in the decision
• State the relevant facts and evidence

A general repetition of the submissions in the procedure before the procurement chamber is not sufficient. The reasoning must address the specific considerations of the challenged decision.

Mandatory Legal Representation

In the immediate appeal proceedings before the Higher Regional Court, legal representation is mandatory.

Pursuant to § 172 para. 3 sentence 2 GWB, the immediate appeal must be lodged and reasoned by a lawyer admitted to practise at the Higher Regional Court. This applies to all parties to the appeal proceedings. The appeal statement must therefore be drafted and signed by a lawyer.

Substantive Requirements

The appeal statement must demonstrate the legal and factual errors of the decision specifically and in a comprehensible manner.

Typical grounds of appeal:

• Incorrect interpretation of procurement law provisions by the procurement chamber
• Incomplete or incorrect findings of fact
• Violation of procedural rights (e.g. the right to be heard)
• Incorrect assessment of evidence
• Incorrect assessment of the admissibility of the review application

FAQ

Can the appeal statement be supplemented after the deadline has expired? As a rule, no. The Higher Regional Court may admit further pleadings in individual cases, but is not obliged to do so. Decisive grounds of appeal must be submitted within the deadline.

What happens if the appeal statement is insufficient? The Higher Regional Court can dismiss the appeal as inadmissible if the reasoning does not meet the minimum requirements. Even substantively weak reasoning can lead to the appeal being dismissed as unfounded.

Must the appellant submit new facts, or can they rely on the submissions made before the procurement chamber? They can refer to the submissions made before the procurement chamber but must specifically set out where the decision is defective. New facts and evidence can in principle be put forward.

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