Legal Protection Body in Procurement Law 2026 – Competent Authorities

The legal protection body in procurement law is the competent authority for review proceedings. Overview of procurement chambers and administrative courts.

Definition: The legal protection body is the statutorily designated authority or court responsible for conducting review proceedings in public procurement law and ruling on the legality of award decisions.

Last updated: January 2026 · Legal basis: Remedies Directive 89/665/EEC; BVergG 2018; GWB §§ 156 et seq.

What is a Legal Protection Body?

The legal protection body is the institutional home of primary legal protection in procurement law – it examines, upon application of an unsuccessful bidder, whether the contracting authority has complied with the procurement rules. The EU Remedies Directives require each Member State to establish an independent body capable of effectively reviewing decisions of the contracting authority and suspending or annulling them where necessary. The specific institutional design is left to the Member States.

Legal Protection Bodies in Austria

In Austria, the Federal Administrative Court (BVwG) and the regional administrative courts perform the function of the legal protection body.

Federal Administrative Court (BVwG): Competent for review proceedings concerning federal procurements and procurements of federal-related entities in the above-threshold range.
Regional administrative courts: Competent for procurements by the states and municipalities as well as for the below-threshold range.

The BVwG decides in panel or single-judge composition; complaints against decisions of the administrative courts can be brought before the Administrative Court (VwGH).

Legal Protection Bodies in Germany

In Germany, the federal and state procurement chambers are the primary legal protection bodies in the above-threshold range.

Federal procurement chambers (at the Federal Cartel Office): Competent for procurements by the highest federal authorities and certain other federal contracting authorities.
State procurement chambers: For all other public contracting authorities in the respective federal state.

Decisions of the procurement chambers may be challenged by immediate complaint before the competent Higher Regional Court (OLG) (§ 171 GWB). Legal questions of fundamental importance may reach the Federal Court of Justice (BGH).

Proceedings Before the Legal Protection Body

Proceedings before the legal protection body are designed for speed because delays in the procurement process cause considerable economic disadvantages for both contracting authorities and bidders. In Germany, the procurement chamber generally has five weeks from receipt of the complete application to decide (§ 167 para. 1 GWB); in special circumstances, this period may be extended. Comparable statutory decision periods apply in Austria.

Related Terms

FAQ

Can I as a bidder apply directly to the legal protection body? Yes. In Germany, a review application must be submitted in writing to the competent procurement chamber; in Austria, to the administrative court competent for the contracting authority.

Are proceedings before legal protection bodies free of charge? No. Procedural fees apply, the amount of which depends on the national legal system and the contract value. In Germany, fees are based on the number of bidders and the amount in dispute.

What happens if the contracting authority awards the contract despite ongoing proceedings? A contract awarded during pending review proceedings may be void (§ 135 para. 1 No. 2 GWB; § 334 BVergG 2018 for Austria).

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