Public Procurement Chamber in Procurement Law

The public procurement chamber is the first-instance review body for procurement-law disputes in the above-threshold area in Germany.

Definition: The public procurement chamber is an independent administrative authority that, as the first instance, decides on applications for review by bidders and candidates concerning breaches of procurement law in the above-threshold area and oversees the lawfulness of procurement procedures.

Last updated: January 2026 · Legal status: §§ 155 et seq. GWB, Directive 89/665/EEC

What is the public procurement chamber?

In Germany, the public procurement chamber is the first-instance review body for procurement procedures in the above-threshold area: on application, it examines whether contracting authorities have complied with procurement law and may set aside award decisions or require the contracting authority to correct them. The public procurement chamber is an administrative authority – not a court – and decides in an expedited review procedure.

In Austria, there is no equivalent "procurement chamber": review of procurement procedures is carried out – depending on the type and value of the contract – by the Federal Administrative Court (for federal contracting authorities) or the Länder administrative courts (for Länder and municipal contracting authorities). The structure thus differs significantly from the German public procurement chamber.

Significance and function

The public procurement chamber ensures effective legal protection for bidders in procurement procedures and guarantees compliance with procurement law by public contracting authorities.

Public procurement chambers in Germany

There are two levels in Germany:

Federal Cartel Office – Federal Public Procurement Chamber: Competent for procurement procedures of federal authorities and certain federal institutions (§ 157 GWB). The Federal Cartel Office operates two procurement chambers.
Länder public procurement chambers: Each federal state has one or more procurement chambers, which are competent for procurement procedures of Länder and municipal authorities. Some Länder have established joint procurement chambers.

Review proceedings

The review procedure before the public procurement chamber is governed by the GWB (§§ 160 et seq.) and is characterised by the following features:

Standing to apply: Every undertaking with an interest in the contract that alleges a breach of subjective rights through non-compliance with procurement law is entitled to apply.
Duty to complain: Before filing the application for review, the applicant must as a rule complain about the alleged breach of procurement law to the contracting authority (§ 160(3) GWB). Exceptions apply to certain serious breaches.
Automatic suspension of award: Upon receipt of the application for review by the public procurement chamber, the contracting authority may, as a rule, no longer make the award (§ 169 GWB). This suspension applies until the procurement chamber has decided or the application is withdrawn.
Decision deadline: The procurement chamber is to decide within five weeks of the opening of the review procedure (§ 167 GWB). In complex cases, the period may be extended.

Powers of the public procurement chamber

The public procurement chamber may:

Require the contracting authority to take, refrain from or revoke an action
Set aside the award or contract decision
Require the contracting authority to repeat the procurement procedure
Determine that an infringement of rights has occurred (declaratory application after award)

Remedies against decisions of the public procurement chamber

An immediate appeal to the competent Higher Regional Court (OLG) is admissible against decisions of the public procurement chamber (§ 171 GWB). The appeal period is two weeks from service of the decision.

Austria: Federal Administrative Court and Länder administrative courts

In Austria, the administrative courts take over the function of the German public procurement chambers. The Federal Administrative Court (BVwG) is competent for federal procurement procedures, while the Länder administrative courts handle Länder and municipal procurement. The procedure is governed by the BVergG 2018 (§§ 342 et seq.) and the respective Länder procurement law.

Legal basis

The public procurement chambers are based on European requirements and national law.

EU: Directive 89/665/EEC (Remedies Directive); Directive 92/13/EEC (Utilities); Directive 2007/66/EC (Amending Directive)
Germany: §§ 155–184 GWB (procurement review proceedings); federal procurement chambers at the Federal Cartel Office
Austria: §§ 342 et seq. BVergG 2018; competence of the administrative courts (BVwG, LVwG)

Related terms

FAQ

What costs are incurred in review proceedings before the public procurement chamber? Review proceedings before the Federal Public Procurement Chamber are subject to fees; these depend on the contract value and range between EUR 2,500 and EUR 50,000. The procurement chamber may apportion costs according to success or failure. Legal fees must in principle be borne by each party itself but may be reimbursed under certain conditions.

From what contract value is the public procurement chamber competent? The public procurement chamber is exclusively competent in the above-threshold area, that is, for contract values above the EU procurement thresholds. Below the thresholds there is no uniform review procedure in Germany; legal protection is generally provided by the administrative courts or through municipal supervision.

Can the public procurement chamber set aside a contract award that has already been made? No. If the contract has already been awarded, the procurement chamber can no longer order it to be set aside. In that case, only a declaratory application is possible, by which the unlawfulness of the procurement procedure can be established. This is a precondition for a subsequent damages claim.

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