Public Procurement Senate 2026 – The Higher Regional Court as Appellate Body in Procurement Law

Definition: The Public Procurement Senate (Vergabesenat) is a specialised division of a Higher Regional Court (Oberlandesgericht, OLG) that, as the second-instance body, rules on immediate appeals against decisions of the Public Procurement Chambers and thereby exercises judicial control in the procurement review procedure.

Last updated: January 2026 · Legal basis: §§ 171–185 GWB

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What is the Public Procurement Senate?

The Public Procurement Senate is the judicial appellate body in German public procurement law and forms the second stage of the two-tier review system. While the Public Procurement Chambers act as administrative authorities at the first stage of the review procedure, the Public Procurement Senate of the competent Higher Regional Court is the judicial review body. It is staffed with judges who specialise in procurement law.

Jurisdiction

Every Higher Regional Court has one or more Public Procurement Senates. Jurisdiction depends on the seat of the competent Public Procurement Chamber:

• For appeals against decisions of the Federal Public Procurement Chambers, the Düsseldorf Higher Regional Court is competent (§ 171(4) GWB)
• For appeals against decisions of the federal-state Public Procurement Chambers, the substantively and territorially competent Higher Regional Court has jurisdiction

In particularly significant cases the Federal Court of Justice can be invoked as the cassation instance, but only on narrowly defined points of law.

Procedure of the Immediate Appeal

An immediate appeal against a decision of the Public Procurement Chamber must be filed within two weeks of service of the Chamber's decision (§ 172(1) GWB). The appeal must be filed in writing with the Senate of the Higher Regional Court and has suspensive effect: the contracting authority may in principle not award the contract during the appeal proceedings.

The Senate generally decides by way of order without an oral hearing. It can confirm, set aside or modify the Chamber's decision. A remittal to the Chamber is also possible.

Appeal for Inaction by the Chamber

If the Chamber does not decide within the statutory time limit of five weeks, the applicant can file an immediate appeal for inaction with the Senate (§ 172(1), 2nd sentence, GWB). The Higher Regional Court then decides at first instance on the merits.

Importance of the Senate in Practice

Public Procurement Senates have substantially shaped German procurement law through their case law. Particularly significant are the decisions of the Düsseldorf Higher Regional Court (Public Procurement Senate) as the appellate body for federal procurements and the decisions of various federal-state Higher Regional Courts. The case law of the Higher Regional Courts is published in specialist journals (such as Vergaberecht – VgR) and databases and contributes to the further development of procurement law.

FAQ

Can a further remedy be sought against a decision of the Higher Regional Court in procurement law? Yes, within narrow limits. The Federal Court of Justice can be invoked if the Higher Regional Court has admitted a complaint on points of law or if questions of fundamental significance are involved (§ 179 GWB). In practice, Federal Court of Justice decisions in procurement law are rare but of great precedential weight.

Is there a comparable Public Procurement Senate in Austria? There are no specialised Public Procurement Senates at the Higher Regional Courts in Austria. The first judicial instance for procurement law matters is the Federal Administrative Court (BVwG) or the federal-state administrative courts; above them sits, on review, the Administrative Court (VwGH).

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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.