Resolution of the Main Action in Public Procurement Law 2026

Definition: Resolution of the main action denotes, in the procurement review procedure, the termination of proceedings without a substantive decision on the merits because the applicant's legal interest in protection has subsequently fallen away – for example through award of the contract, withdrawal of the procurement or withdrawal of the application.

Last updated: January 2026 · Legal basis: §§ 342 ff. BVergG 2018; §§ 168 ff. GWB; VwGVG

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What does resolution of the main action mean?

Resolution of the main action is a procedural law concept that also applies in the procurement review procedure and ends the proceedings without the review body issuing a substantive decision on the alleged unlawfulness. The review procedure serves to remove an imminent or actual infringement of procurement law. Where that aim falls away – for example because the contested ruling has been overtaken by events or the applicant no longer has a legitimate interest – a decision on the merits is no longer possible or required.

Typical grounds for resolution include withdrawal of the procurement, award of the contract after expiry of the standstill period, the applicant's withdrawal from the procurement procedure, or withdrawal of the review application.

Procedural consequences

Once resolution of the main action has occurred, the review application loses its subject matter; the proceedings must be discontinued. The review body – in Austria the Federal Administrative Court (BVwG) or the competent administrative courts of the federal states, in Germany the public procurement chambers – must formally terminate the proceedings. This is done by ruling or order declaring the proceedings discontinued.

The question of costs is also decided in the case of resolution of the main action. The court or chamber must determine, in its equitable discretion, which party must bear the costs of the proceedings. In doing so, account is generally taken of which party caused the resolution by its conduct and which party would probably have prevailed had a decision on the merits been issued.

Distinction from rejection and dismissal

Resolution of the main action, rejection of the application and dismissal are three procedural outcomes that must be clearly distinguished. Rejection occurs where the application is inadmissible (for example for lack of standing or because the deadline has been missed). Dismissal occurs where the application is admissible but unfounded. Resolution of the main action, by contrast, occurs where the proceedings were admissible and potentially well-founded, but their subject matter has subsequently fallen away.

Practical significance

In procurement practice, resolution of the main action frequently occurs where the contracting authority withdraws the procurement, or where interim relief could not be obtained in time and the contract has already been awarded. Once the contract has been awarded, the review procedure can no longer lead to its annulment; the primary remedy has become unobtainable. In this case the applicant is left only with the possibility of bringing damages claims (secondary remedy).

FAQ

When does resolution of the main action occur in public procurement law? It occurs where the subject of the review proceedings subsequently falls away – typically through withdrawal of the procurement, award of the contract after expiry of the standstill period, or withdrawal of the application.

What happens to the costs in the event of resolution of the main action? The question of costs is decided in equity; the relevant factors are which party caused the resolution and which would probably have prevailed had a substantive decision been issued.

Can damages still be claimed after resolution of the main action? Yes. Secondary remedies (damages claims for an unlawful award) remain unaffected and can be brought before the ordinary courts.

Is the resolution of the main action itself appealable? The order discontinuing the proceedings is generally only appealable to a limited extent; the costs decision can, however, be challenged separately in the cases provided for by law.

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