Higher Regional Court in Public Procurement Law 2026 – OLG as Procurement Senate

The Higher Regional Court (OLG) decides as the immediate appeal instance on procurement review proceedings. Role, procedure and jurisdiction in public procurement law.

Definition: The Higher Regional Court (Oberlandesgericht, OLG) is in German procurement law the second instance of the review procedure and decides as the procurement senate on immediate appeals against decisions of the public procurement chambers pursuant to §§ 171 et seq. GWB.

Last updated: January 2026 · Legal basis: GWB §§ 171–184, VgV

The Higher Regional Court as procurement senate

The Higher Regional Court (OLG) plays a central role in German procurement law as an appeal instance: it decides on immediate appeals against decisions of the federal and state public procurement chambers. The OLG thus forms the second and regularly final instance of fact in the procurement review procedure. The competent procurement senates of the OLGs are panels specialised in procurement law, whose case law contributes significantly to the further development of German and European procurement law.

The jurisdiction of the OLG arises from § 171 GWB. The OLG Düsseldorf is competent for immediate appeals against decisions of the federal procurement chambers (at the Federal Cartel Office). For decisions of the procurement chambers of the federal states, the respectively territorially competent OLG is responsible.

Procedure of the immediate appeal

The immediate appeal is the only legal remedy against decisions of the public procurement chambers and must be lodged within two weeks of service of the decision.

Admissibility

The immediate appeal is permissible against:

Review decisions of the public procurement chamber (decisions on the merits and procedure)
Decisions on the initiation or rejection of review proceedings
Decisions on interim relief in the procurement procedure

The appeal deadline is two weeks and begins with service of the written decision of the public procurement chamber (§ 172 para. 1 GWB). The deadline cannot be extended.

Suspensive effect

The immediate appeal generally has suspensive effect insofar as it concerns the prohibition of the award. This means: the contracting authority may not award the contract while the appeal has not been decided. The OLG may lift the suspensive effect on application of the contracting authority if the immediate enforceability of the award appears necessary in the interest of the contracting authority or the public.

Course of proceedings

Lodging of the immediate appeal with the OLG (in writing, with reasoning)
Service on the opposing party and joined parties
Reply period (usually two to four weeks)
Oral hearing (optional, but frequent in practice)
Decision by order

Important OLG procurement senates in Germany

Some OLG procurement senates have achieved particular importance for procurement practice through landmark decisions:

OLG Düsseldorf – competent for appeals against decisions of the federal procurement chambers; regarded as the leading procurement senate in Germany
OLG Munich – important case law on suitability, specifications and evaluation questions
OLG Karlsruhe – distinguished in the area of concession awards and sector awards
OLG Frankfurt – relevant decisions on e-procurement and notice issues
OLG Celle – distinguished in the area of below-threshold awards and direct awards

Appeal to the Federal Court of Justice

Against orders of the OLG in procurement review proceedings, in principle no further appeal is available; the BGH only decides on referral in matters of fundamental importance (§ 179 GWB). This restriction serves to expedite the procedure, as procurement procedures are time-critical. In exceptional cases, the OLG may refer a legal question to the BGH for a preliminary ruling if the decision requires the clarification of a legal question of fundamental importance.

Significance of the OLG case law

The decisions of the OLG procurement senates have a significant guiding function in practice, even if they are formally only binding for the respective case. Divergent decisions of different OLGs on identical legal questions can be resolved by referral to the BGH. The OLG case law is regularly published in specialist procurement law journals (e.g. VergabeR, NZBau, ZfBR) and commented on by experts.

FAQ

Which OLG has jurisdiction for review proceedings? It depends on the competent public procurement chamber. The OLG Düsseldorf has jurisdiction over decisions of the federal procurement chambers. For state procurement chambers, jurisdiction follows the respective state law.

How long does a procedure before the OLG take? A procedure before the OLG generally takes two to six months. In urgent cases, the OLG can also grant interim relief.

Can one further appeal against an OLG judgment in procurement law? In principle no. An appeal to the BGH is only possible if the OLG has allowed it or the BGH considers the referral of a legal question of fundamental importance to be necessary (§ 179 GWB).

What happens to the procurement procedure during the OLG procedure? The immediate appeal has suspensive effect with regard to the award. The procurement procedure is therefore "frozen" until the OLG decision, unless the OLG lifts the suspensive effect.

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