Legal Aid in Procurement Law 2026 – Aid in Review Proceedings

Definition: Legal aid is a form of state-funded legal assistance that allows participants in procurement review proceedings to obtain legal representation without having to bear the costs themselves where they cannot raise the necessary funds.

Last updated: January 2026 · Legal basis: GWB, §§ 114 et seq. ZPO, BVergG 2018 (AT)

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What is legal aid in procurement law?

Legal aid – known in German law as "Prozesskostenhilfe" (PKH) – allows participants in procurement review proceedings to obtain professional legal representation where their economic situation does not allow them to bear the costs of the proceedings. In Austria, the term "Verfahrenshilfe" is used in administrative and civil law contexts; in German procurement law, the equivalent is the legal-aid scheme under §§ 114 et seq. ZPO.

Relevance in procurement review proceedings

Review proceedings before the Procurement Chamber are subject to fees and can entail significant lawyers' fees, which could deter smaller companies from making use of legal protection.

The fees in review proceedings are calculated by reference to the contract value and can amount to several thousand euros. In addition, there are lawyers' fees, which are likewise based on the value of the dispute. For small and medium-sized enterprises (SMEs) and start-ups, this can be a significant hurdle.

Conditions for legal aid

Legal aid is only granted where certain substantive and economic conditions are met.

Substantive conditions

• The intended action must have sufficient prospects of success (review of arguability)
• The action must not be vexatious

Economic conditions

• The applicant must, having regard to its personal and economic circumstances, be unable to raise the costs of the proceedings
• For legal persons and partnerships, special conditions apply (§ 116 ZPO)

Particularities in procurement law

In German procurement review proceedings before the Procurement Chamber, the ZPO legal-aid scheme does not apply directly, because the Procurement Chambers act as administrative authorities. In appeal proceedings before the Higher Regional Court (OLG) under §§ 171 et seq. GWB, the ZPO does apply, and legal aid can therefore be applied for at that stage.

In Austria, the BVergG 2018 governs review proceedings before the Federal Administrative Court (BVwG); legal aid is governed here by the general provisions of the VwGVG in conjunction with the ZPO.

Practical significance

The availability of legal aid is of considerable importance in ensuring effective legal protection in procurement law, in particular for SMEs. Without it, legal protection would in practice be limited to companies that can afford lawyers' fees.

FAQ

Can a small company apply for legal aid in procurement proceedings? Yes, in appeal proceedings before the OLG, where the statutory conditions (§ 116 ZPO) are met. In the Procurement Chamber proceedings themselves, legal aid is not provided for.

How is legal aid applied for? In OLG proceedings, by a written application to the OLG, together with a statement of the applicant's economic situation. The relevant forms of the OLG in question must be used.

Does legal aid have to be repaid? If the economic situation of the beneficiary improves, an obligation to repay can arise. The decision is taken by the court.

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