Appeals Procedure in Procurement Law 2026

Appeals procedure in procurement law: overview of review, complaint and appeal on points of law in Austrian and German procurement legal protection.

Definition: The appeals procedure in procurement law is the system of statutorily provided remedies through which bidders, candidates and other affected parties can challenge procurement decisions of public contracting authorities before independent review bodies, in order to have the legality of an award procedure examined.

Last updated: January 2026 · Legal basis: Remedies Directives 89/665/EEC and 92/13/EEC (as amended by Directive 2007/66/EC), BVergG 2018, GWB §§ 155 et seq.

EU Legal Foundations

The procurement remedies system is prescribed under EU law by the Remedies Directives 89/665/EEC (classical sector) and 92/13/EEC (utilities), which were fundamentally reformed by Directive 2007/66/EC. Member States are required to provide effective, rapid and efficient review procedures. This includes in particular the possibility of suspending the award procedure during the examination of a review application.

The Austrian Procurement Legal Protection System

Austria has a three-stage remedies system for procurement matters.

First Stage: Review Proceedings

Primary legal protection is provided through an application for review to the competent administrative court or procurement review authority. At federal level, this is the Federal Administrative Court (BVwG); in state matters, the respective regional administrative courts. The application must be submitted within the preclusion periods (generally 10 days after notification of the contested decision).

Second Stage: Appeal on Points of Law

Decisions of the BVwG may be appealed by ordinary appeal on points of law to the Administrative Court (VwGH) if the legal question is of fundamental importance. The extraordinary appeal is admissible in cases of deviation from VwGH case law.

Third Stage: Damages

After conclusion of the award procedure, an unsuccessful bidder may claim damages before the ordinary courts if they have suffered loss as a result of a procurement law violation.

The German Procurement Legal Protection System

In Germany, procurement legal protection above the thresholds is regulated in §§ 155 et seq. GWB.

First Stage: Procurement Chamber

Primary legal protection is provided through the federal procurement chambers (for federal contracting authorities) or the state chambers. The application must be submitted within 15 days of becoming aware of the procurement violation or the challenged action; deadlines must be strictly observed.

Second Stage: Immediate Complaint

Decisions of the procurement chamber may be appealed by immediate complaint to the competent Higher Regional Court (OLG). The complaint period is two weeks from service of the decision.

Third Stage: Appeal on Points of Law (BGH)

Against OLG decisions, an appeal on points of law to the Federal Court of Justice (BGH) is admissible in exceptional cases.

Suspensive Effect and Standstill Period

A key element of procurement legal protection is the suspensive effect of review applications. In Austria, the contracting authority generally may not award the contract after receipt of a review application until the application has been decided. In Germany, an automatic prohibition on award applies for the duration of the review proceedings.

Ineffectiveness Sanctions

The Remedies Directives oblige Member States to provide for the ineffectiveness of unlawfully concluded contracts. In Austria (§ 334 BVergG 2018) and Germany (§ 135 GWB), a contract concluded in violation of procurement law provisions can be declared ineffective.

Related Terms

FAQ

How long does a review procedure take? In Austria, the BVwG generally must decide within six weeks. In Germany, the procurement chamber generally decides within five weeks.

Is legal protection still possible after award of the contract? Yes, but with limited means. After award, primarily damages are available; annulment of the contract is only possible under narrow conditions (ineffectiveness).

Must a procurement violation be objected to before the review application? In Germany yes (§ 160 para. 3 GWB): identified violations must be objected to without delay, otherwise preclusion is imminent. In Austria, stricter preclusion applies through the statutory application deadlines.

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