Procurement Review Procedure 2026 – Legal Protection in Public Procurement

Definition: The procurement review procedure is the special statutory remedy under German procurement law in which bypassed or excluded undertakings can apply to the competent Public Procurement Chamber (Vergabekammer) for review of the contracting authority's award decision.

Last updated: January 2026 · Legal basis: §§ 155–184 GWB, VwGO (subsidiary), Directive 89/665/EEC as amended by 2007/66/EC

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What is the Procurement Review Procedure?

The procurement review procedure is the principal remedy for undertakings that consider that a public contracting authority has breached procurement law in the award of a contract and that their chances of winning the contract have been impaired as a result. It is a primary protective remedy: the aim is to prevent an award that breaches procurement law and to correct the award decision, not (primarily) to obtain damages.

The review procedure is only available in the above-threshold regime. Below the EU thresholds, legal protection is more limited and is mainly pursued by way of civil claims.

Standing

Not every undertaking can submit a review application – it must have standing. Under § 160(2) GWB, an undertaking has standing if it:

1. Has an interest in the public contract
2. Asserts a violation of its rights under § 97(6) GWB
3. Demonstrates that it has suffered or risks suffering damage as a result of the alleged procurement law breach

Standing does not require that the undertaking actually submitted the most economically advantageous tender – a realistic chance of being awarded the contract in a lawful procedure is sufficient.

Duty to Object (Rügeobliegenheit)

Before initiating a review procedure, identified procurement law breaches must be raised with the contracting authority. This is set out in § 160(3) GWB and serves to give the contracting authority the opportunity to correct errors itself. Objections must be raised without delay:

• Breaches identified in the procurement documents: by the end of the tender or participation deadline
• Other identified breaches: within ten calendar days of becoming aware of them
• After notification of the award: within 15 calendar days

A party that fails to object loses its right to apply for review (forfeiture of the right to object).

Course of the Review Procedure

The procurement review procedure follows a clear statutory sequence:

1. Initiation: Written application to the competent Public Procurement Chamber
2. Standstill on award: Upon receipt of the complete application by the Chamber, the contracting authority may no longer award the contract (§ 169(1) GWB) – unless the Chamber permits an exception
3. Participation in the proceedings: The contracting authority and, where applicable, the prospective awardee are joined as parties
4. Access to the file: The applicant is in principle entitled to inspect the procurement file (with limitations for business and trade secrets)
5. Oral hearing: Generally provided for; may be dispensed with for manifestly inadmissible applications
6. Decision: Within five weeks of receipt of the complete application (§ 167(1) GWB)

Competent Public Procurement Chambers

Public Procurement Chambers exist at federal and federal-state level.

• Federal Cartel Office (Federal Public Procurement Chambers): Competent for federal procurements and contracts of federal-wide bodies
• Public Procurement Chambers of the federal states: Competent for procurements of the federal states and municipalities

Jurisdiction depends on the seat of the contracting authority and the type of contract.

Possible Decisions

The Public Procurement Chamber can render various decisions:

• Rejection as inadmissible or unfounded
• Finding of a procurement law breach and direction to the contracting authority to repeat or correct a specific procurement step
• Finding of ineffectiveness of the contract in cases of serious breaches (§ 135 GWB)
• Prohibition of the award pending clarification

Immediate Appeal

Decisions of the Public Procurement Chamber are subject to immediate appeal to the Higher Regional Court (Public Procurement Senate) under § 171 GWB. The appeal period is two weeks from service of the decision. The Higher Regional Court decides definitively; further review by the Federal Court of Justice is possible only in rare exceptional cases.

Austria

In Austria, the review procedure is governed by the BVergG 2018. The Federal Administrative Court (BVwG) is competent for federal procurements and the federal-state administrative courts for federal-state procurements. The Austrian review procedure is broadly similar in concept to the German one but differs in detail (e.g. flat-rate fees for applications, no duty to object).

FAQ

How long does a review procedure take? Ideally five weeks (the statutory decision period); in complex cases up to seven weeks. Possible appeal periods and Higher Regional Court proceedings can extend the overall procedure to several months.

How much does a review procedure cost? Fees for the review application are scaled by reference to the contract value (§ 182 GWB). They can reach up to EUR 50,000. Lawyers' costs are added. The unsuccessful party bears the costs of the procedure in principle.

Can an ongoing procurement procedure continue despite a review application? The standstill on award applies in principle. In urgent cases, however, the Public Procurement Chamber may, on application by the contracting authority, allow the procedure to continue (§ 169(2) GWB).

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