Procurement Review Laws 2026 – Legal Protection in Procurement Law

Procurement review laws: Länder laws on the review of procurement activity by public contracting authorities in the sub-threshold area. Overview of state-level rules.

Definition: Procurement review laws are Länder laws that govern bidders' legal protection in the award of public contracts below the EU thresholds (sub-threshold area), thereby providing for a review of procurement activity that goes beyond the above-threshold protection ensured by the GWB.

Last updated: January 2026 · Legal status: GWB §§ 97 et seq., Länder procurement acts, BVergG 2018

What are procurement review laws?

Procurement review laws are special legislative measures adopted by the German Länder that create review rights and oversight mechanisms for procurement below the EU thresholds. In the above-threshold area, legal protection is uniformly governed nationwide by the GWB (§§ 155 et seq.). In the sub-threshold area, by contrast, there is no nationwide uniform review procedure; the shaping of legal protection is left to the Länder.

A number of federal states have therefore enacted their own procurement review laws or procurement-law remedies in their Länder procurement acts to ensure effective bidder protection below the EU thresholds as well.

Legal protection in the sub-threshold area – the nationwide baseline

In the sub-threshold area, legal protection in Germany is significantly weaker than in the above-threshold area. There is no statutory duty to provide formal prior information or to grant a standstill period. In the event of infringements, bidders can at most rely on civil-law damages claims or seek administrative review through general supervisory mechanisms.

The Federal Court of Justice (BGH) has clarified in several decisions that bidders in the sub-threshold area generally cannot invoke primary legal protection based on the GWB.

Länder procurement laws with review provisions

A number of federal states have provided in their Länder procurement laws for review rights in the sub-threshold area as well. These provisions vary considerably:

Thuringia (ThürVgG): Contains review provisions for the sub-threshold area as well
Saxony-Anhalt (LVG LSA): Provides for specific remedies
Bavaria, Baden-Württemberg: More strongly oriented towards supervision and internal administrative control

Austria governs the sub-threshold area in the BVergG 2018 with a comprehensive system of legal protection, including review proceedings before the Länder administrative courts.

Practical relevance

Bidders in the sub-threshold area should be familiar with the review options available in the federal state concerned before forgoing a complaint or an application for review. The varying design of legal protection across the Länder leads to considerable practical differences depending on the seat of the contracting authority.

Related terms

FAQ

Do bidders in the sub-threshold area have a right of review? Not nationwide. Only in federal states with corresponding procurement review laws or provisions is there a formal right of review. Otherwise, at most the civil-law route remains.

What can bidders do where there is no procurement review law? They can turn to the competent supervisory authority, lodge an administrative complaint, or pursue civil-law damages claims – but effective primary legal protection is limited.

Are there efforts to harmonise legal protection in the sub-threshold area nationwide? Yes. Legislators and procurement lawyers are discussing the introduction of a nationwide uniform review procedure for the sub-threshold area as well, although as yet without legislative implementation.

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