Procurement Chamber Decision in Procurement Law 2026

Procurement chamber decision: ruling in the review procedure. Content, effect, legal remedies and deadlines under GWB and BVergG 2018.

Definition: The decision of the procurement chamber is the formal ruling by the competent review authority on a review application in a procurement procedure, by which the procedure is concluded and the applicant is either granted relief or the application is dismissed.

Last updated: January 2026 · Legal basis: §§ 163–170 GWB, Directive 89/665/EEC, §§ 334–346 BVergG 2018

What is the procurement chamber decision?

The procurement chamber decision is the final outcome of primary procurement legal protection: with it, the procurement chamber decides bindingly whether the challenged procurement procedure was in conformity with procurement law or not.

Procurement chambers are the first-instance review authorities in public procurement law. In Germany, procurement chambers exist at the Federal Cartel Office (federal procurement chambers) and at the federal states. In Austria, the Federal Administrative Court (for federal contracts) and the competent regional administrative courts are responsible for review. The decision is issued in writing and with reasons.

Content of the Decision

A procurement chamber decision always contains the operative part (decision formula), reasoning and cost decision.

Operative Part

The operative part contains the actual ruling:

Grant: the procurement procedure or the challenged decision is declared ineffective, cancelled or amended; the contracting authority is required to take a particular action.
Dismissal: the review application is dismissed as unfounded or inadmissible.
Discontinuation: the procedure is discontinued, e.g. because the applicant has withdrawn the application.

Reasoning

The reasoning addresses:

Admissibility of the review application (standing, complaint, deadlines)
Merits (substantive procurement law violations)
Assessment of evidence

Cost Decision

The procurement chamber decides on the costs of the procedure. The fees are based on the contract value and are allocated according to the loser-pays principle: the losing party bears the costs. The fees for a review procedure in Germany amount to at least EUR 2,500 and can be up to EUR 50,000.

Binding Effect

The decision of the procurement chamber is binding and enforceable for the contracting authority and the parties involved in the procedure.

As long as no immediate appeal proceedings are pending before the competent Higher Regional Court (Germany) or appeals court (Austria), the contracting authority must implement the decision without delay. The contracting authority may in particular be required to restart the procurement procedure from a specific stage or to take the award decision anew.

Legal Remedy: Immediate Appeal

An immediate appeal to the Higher Regional Court is admissible against the decision of the procurement chamber (Germany).

The immediate appeal must be lodged within two weeks of service of the decision (§ 172 GWB). It does not in principle have suspensory effect, meaning that the contracting authority can conclude the contract after expiry of the appeal period, provided the procurement chamber has not prohibited the award.

FAQ

How long does a review procedure take until the decision? The procurement chamber should decide within five weeks of receipt of the review application (§ 167 GWB). In complex cases the deadline may be extended.

Can the contracting authority conclude the contract despite an ongoing review procedure? No. Upon receipt of the review application, an automatic stay on the award takes effect (§ 169 GWB). The contracting authority may not conclude the contract while the review procedure is pending.

Is the procurement chamber decision publicly accessible? Decisions are generally published by the procurement chambers, in some cases anonymised. In Germany, the Federal Cartel Office regularly publishes the decisions of its procurement chambers on its website.

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