Notice of Objection Procurement Law 2026 – Obligation, Deadline and Effect

The notice of objection in procurement law is the formal complaint about a procurement violation lodged with the contracting authority. A prerequisite for the application for review in Germany.

Definition: The notice of objection is the written complaint about a recognised violation of procurement law lodged by a bidder or candidate with the contracting authority. In Germany, it is a prerequisite for the admissibility of a subsequent application for review.

Last updated: January 2026 · Legal status: § 160 para. 3 GWB (Germany); §§ 321 et seq. BVergG 2018 (Austria)

What is a notice of objection in procurement law?

The notice of objection is the first and lowest-threshold instrument of legal protection in procurement law: before a bidder can call upon the procurement chamber, it must notify the contracting authority of the recognised violation without delay. The notice of objection gives the contracting authority the opportunity to correct an error in the ongoing procedure itself, without having to initiate formal review proceedings. In Germany, a timely notice of objection is a statutory admissibility requirement for the application for review (§ 160 para. 3 GWB).

Legal basis

Germany

In Germany, § 160 para. 3 GWB exhaustively regulates the obligation to file a notice of objection. An application for review is inadmissible where:

The applicant did not raise the alleged violation without undue delay before filing the application for review (for recognised violations: within ten calendar days)
Violations apparent from the contract notice were not raised by the expiry of the tender deadline
Violations apparent only from the procurement documents were not raised by the expiry of the tender deadline

Austria

In Austria, the BVergG 2018 does not contain a formal obligation to file a notice of objection as a precondition for the application for review. However, application deadlines apply within which violations must be asserted (§§ 321, 328 BVergG 2018). Missed deadlines lead to preclusion.

Form and content of the notice of objection

The notice of objection must be formulated clearly and precisely and must specifically identify the procurement violation complained of. A notice of objection may be filed without specific form requirements (including by e-mail), but should be made in writing in order to provide evidence of compliance with the deadline. In terms of content, the notice of objection must:

Identify the specific violation (e.g. "The suitability requirement in section 3.2 of the procurement documents is disproportionately high")
Set out why a violation of procurement law has occurred
Specify the remedy sought

A vague or general complaint is not sufficient.

Effect of the notice of objection

If the notice of objection is successful, the contracting authority corrects the error complained of – for example by extending the tender deadline, adjusting the specifications or repeating the evaluation. If the contracting authority does not remedy the objection, it notifies the bidder of this; from that point on, a short period generally begins to run within which the bidder must file an application for review in order not to be precluded with its claim.

Common errors in the notice of objection

Late notices of objection or insufficiently specific complaints are the most common admissibility obstacles for applications for review.

Notice of objection only filed after the expiry of the ten-day period (§ 160 para. 3 no. 1 GWB)
Notice of objection for violations apparent from the contract notice filed only after the tender deadline
Notice of objection too general, without a specific reference to procurement law
Failure to file the application for review in time after non-remedy

Related terms

FAQ

Do I have to file a notice of objection before filing an application for review? In Germany, yes (§ 160 para. 3 GWB). In Austria, there is no formal obligation to file a notice of objection as a precondition for admissibility, but application deadlines apply.

How long do I have to file a notice of objection? In Germany, recognised violations must be raised without delay, at the latest within ten calendar days of becoming aware of them.

Can I file the same notice of objection again after an unsuccessful complaint? No. A notice of objection once rejected must be taken as the occasion for an application for review within the review deadline; a renewed notice of objection regarding the same violation is not an alternative.

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