Complainant in Public Procurement Law 2026

Definition: The complainant is the natural or legal person who, in the immediate appeal proceedings before the Higher Regional Court, seeks the annulment or amendment of a decision of the public procurement tribunal and thus acts as the active party to the appeal proceedings.

Last updated: January 2026 · Legal basis: Section 172 GWB, Section 171 GWB

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Who is the complainant?

Any party to the review proceedings whose rights are impaired by the decision of the public procurement tribunal can act as the complainant in the procurement appeal proceedings.

The complainant is not necessarily the party who originally filed the application for review (the applicant). The contracting authority (respondent) or an intervener may also be a complainant if the decision was issued against them.

Possible complainants:

• Unsuccessful bidder: If the application for review was unsuccessful or was only partially upheld, the bidder can lodge an immediate appeal.
• Public contracting authority: If the decision required them to re-decide, to cancel the procurement procedure, or to take another measure, they may lodge an appeal.
• Intervener: If the proceedings were decided against them (e.g. because their tender was declared unsuitable), they may act as the complainant.

Rights of the complainant

The complainant has comprehensive procedural rights in the appeal proceedings before the Higher Regional Court.

• Lodging and substantiation of the immediate appeal within the two-week deadline
• Application for suspension of enforcement of the procurement tribunal's decision
• Application for interim relief (continuation of the standstill on award)
• Access to the file
• Participation in the oral hearing (Section 176 GWB)
• Objections regarding procedural defects in the procurement tribunal proceedings

Obligations and burdens of the complainant

The complainant bears full responsibility for the timely filing and proper substantiation of the appeal.

• Compliance with the two-week deadline (Section 172 GWB)
• Appointment of a lawyer admitted to the Higher Regional Court (mandatory legal representation)
• Substantiated presentation of the grounds of appeal
• Payment of the applicable court fees

Costs in the event of losing

If the complainant loses, they bear the costs of the appeal proceedings, including the necessary expenses of the opposing party.

Court fees in the proceedings before the Higher Regional Court are determined by the amount in dispute. Added to these are the legal fees of the opposing party, which must be reimbursed in accordance with the RVG (Lawyers' Remuneration Act). The financial risk of an appeal procedure is therefore considerable and should be carefully weighed before lodging.

FAQ

Can a bidder be a complainant without having previously filed an application for review? No. The right to appeal requires that the party was involved in the proceedings before the public procurement tribunal as applicant, respondent or intervener.

Does the complainant have to instruct a lawyer? Yes. Mandatory legal representation applies in proceedings before the Higher Regional Court.

Can a company be both complainant and respondent in the same proceedings? No. Each party assumes only one role in a single set of proceedings. However, an intervener who lodges an appeal can also act as respondent in a different constellation.

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