Party Status in Public Procurement Law 2026

Definition: Party status in procurement review proceedings refers to the formal legal position that allows a person or undertaking to participate as a party in proceedings before the procurement review authority, to file applications, submit pleadings and lodge appeals.

Last updated: January 2026 · Legal basis: BVergG 2018 §§ 342 et seq., GWB §§ 160 et seq., AVG (Austria)

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Fundamentals of party status

Party status is the procedural prerequisite for active participation in review proceedings and determines whose interests are taken into account in procurement legal protection. Not every person with an interest in the contract is automatically a party to the review proceedings. Procurement law restricts party status to a defined group of persons in order to keep the procedure efficient and manageable.

Parties in Austrian review proceedings

In Austrian review proceedings under the BVergG 2018, the parties are:

• The applicant: The undertaking that has filed the review application. It must have a legitimate interest in the contract and in the alleged breach of procurement law.
• The contracting authority: The public body conducting the procurement procedure.
• Admitted bidders or candidates: Undertakings already involved in the specific procedure may be joined as additional parties if their interests are affected by the review proceedings.

Party status of the prospective successful bidder

A particularly practice-relevant question is the party status of the bidder who has received the award decision and whose position is jeopardised by a review application from a competitor. In Austria, the BVergG 2018 grants the prospective successful bidder the right to participate as a party in the review proceedings. They may submit pleadings, offer evidence and lodge appeals. This corresponds to the constitutional principle of the right to be heard.

Party status in Germany

In German procurement review proceedings before the Procurement Chamber, the parties are the applicant, the contracting authority and – upon joinder by the Chamber – the bidder whose interests are affected by the decision. Joinder is mandatory if the joined party would otherwise lose its contract.

Legal consequences of party status

Party status both entitles and obliges:

• Entitlement: Access to the files (insofar as trade secrets do not preclude this), right to be heard, right to file applications, right to lodge appeals.
• Obligation: Cooperation in the proceedings, submission of documents at the request of the authority.

Related terms

• Review proceedings
• Appeal proceedings
• Right to be heard
• Immediate appeal

FAQ

Can any bidder participate in review proceedings? No. Only a party with a legitimate interest in the contract may act as an applicant. Other bidders may be joined as additional parties on request or ex officio.

Does the prospective successful bidder automatically have party status? In Austria, yes, provided they wish to participate in the proceedings. In Germany, joinder by the Procurement Chamber is required.

Does a bidder lose party status if they have been excluded from the procurement procedure? Not necessarily. An excluded bidder whose exclusion is the subject of the review proceedings retains their party status.

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