Immediate Appeal in Procurement Law 2026

Definition: The immediate appeal is the remedy regulated in §§ 171 et seq. GWB in German procurement law that allows parties to review proceedings to challenge decisions of the procurement chamber before the competent Higher Regional Court (Oberlandesgericht, OLG).

Last updated: January 2026 · Legal basis: GWB §§ 171–185, ZPO (subsidiary)

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Function and significance

The immediate appeal is the second instance of the German procurement legal-protection system and allows a procurement chamber's decisions to be reviewed by an ordinary court (OLG). It can be lodged by all parties to the proceedings – applicant, contracting authority and intervening parties – in so far as the relevant party is adversely affected by the procurement chamber's decision.

Admissibility requirements

The immediate appeal is admissible only under strict conditions.

• Appealable decision: final decisions and certain interlocutory decisions of the procurement chamber.
• Time limit: two weeks from service of the written decision of the procurement chamber (§ 172(1) GWB). The time limit is a strict deadline; missing it renders the appeal inadmissible.
• Adverse effect: the appealing party must be affected in its rights by the contested decision.
• Form: the appeal must be lodged in writing with the competent OLG.

Suspensive effect

The immediate appeal does not have automatic suspensive effect on the procurement chamber's decision; the OLG can, however, grant interim relief on application, temporarily blocking the further progress of the procurement procedure. After the appeal has been lodged, the contracting authority may not make the award until the OLG has ruled on the application for interim relief (§ 176 GWB).

Procedure before the OLG

The OLG decides as a senate for cartel and procurement matters on the immediate appeal. It conducts a full legal review (not merely a review of the exercise of discretion) and can set aside, vary or confirm the procurement chamber's decision. The OLG is not bound by the procurement chamber's reasoning.

Further appeal to the Federal Court of Justice

Decisions of the OLG can be challenged before the Federal Court of Justice (BGH) under strict conditions. This requires that the OLG has granted leave on grounds of fundamental importance or that the OLG has departed from BGH case law. The further appeal is limited to points of law; questions of fact can no longer be reviewed.

Relationship to Austrian revision proceedings

There is no direct equivalent to the German "immediate appeal" in Austrian procurement law. Austrian procurement decisions of the administrative courts are reviewed by way of revision to the Administrative Court (VwGH); constitutional issues fall within the jurisdiction of the Constitutional Court (VfGH).

Related terms

• Review proceedings
• Appeal procedure
• Party status
• Manifest inadmissibility
• Standstill period

FAQ

Can an immediate appeal also be lodged against interlocutory decisions of the procurement chamber? Yes, certain interlocutory decisions (e.g. on interim relief) can also be challenged by way of an immediate appeal.

What happens if the two-week deadline is missed? The appeal is inadmissible and is dismissed by the OLG without examination of the merits. Restoration to the previous status is only possible where the time limit was missed without fault.

Can the contracting authority award the contract during the OLG proceedings? No. Until the OLG has ruled on any application for interim relief, the contracting authority is barred from making the award (§ 176(1) GWB).

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