Review Body in Procurement Law 2026

Definition: The review body is the authority or court competent for reviewing procurement-law decisions of public contracting authorities, to which applicants and bidders can address a review application if they claim that their rights have been infringed by the contracting authority.

Last updated: January 2026 · Legal basis: Directive 89/665/EEC, §§ 155 et seq. GWB, §§ 331 et seq. BVergG 2018

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What is a review body?

The review body is the central organ of the procurement-law legal protection system: on application by bidders or applicants, it examines whether a public contracting authority has breached procurement law in the conduct of a tender procedure, and can correct the breach by interim measure or substantive decision. The right to an effective review body is guaranteed under EU law by the Remedies Directive 89/665/EEC (as amended by Directive 2007/66/EC).

Review bodies in Germany

In Germany, the procurement chambers (Vergabekammern, VK) are the first-instance review bodies for tenders above the EU thresholds. There are procurement chambers at federal level (Procurement Chamber of the Federation, attached to the Federal Cartel Office in Bonn) as well as at Länder level. The procurement chambers are linked to the Higher Regional Court as appellate instance:

Instance	Body	Appeal
1st instance	Procurement chamber (federal/Land)	Immediate appeal
2nd instance	Higher Regional Court (procurement senate)	Appeal on points of law to the BGH in exceptional cases

In the sub-threshold range, there is no uniform review body in Germany; here the ordinary courts have jurisdiction, with legal protection less effectively configured.

Review bodies in Austria

In Austria, the Federal Administrative Court (Bundesverwaltungsgericht, BVwG) is the competent review body for federal tenders in the above-threshold range; for Land tenders, the respective Land administrative courts are competent. Below the EU thresholds, depending on the Land, dedicated procurement review authorities (e.g. Vienna Procurement Review Senate) or the Land administrative courts conduct the review.

Procedural flow in Austria:

1. Submission of the review application to the BVwG or Land administrative court
2. Examination of admissibility (application deadline, standing)
3. Interim measure (prohibition of award)
4. Substantive decision

Procedure before the review body

The review procedure is an accelerated administrative or judicial procedure with strict deadlines, designed not to unduly delay the ongoing tender process. On receipt of a review application, the tender procedure is generally automatically suspended until decision (suspensive effect), provided the deadline for award has not yet expired.

Costs of the review procedure

Review procedures involve fees that can be substantial depending on the contract value and instance. In Germany, the procurement chamber fees are calculated on the basis of the estimated contract value (§ 182 GWB); in Austria, the lump-sum fees are governed by the BVwG Fees Act and the respective Land law.

FAQ

Who can file a review application? Any undertaking that has an interest in the specific contract, claims an infringement of its rights, and has suffered or is at risk of suffering damage as a result of the alleged breach.

How much time does one have to file a review application? In Germany, the deadline is generally 15 days after receipt of the prior information (§ 160(3) No. 4 GWB). In Austria, the deadlines are governed by §§ 342 et seq. BVergG 2018 (depending on the procedure type, 7 to 15 days).

Can an interim measure be applied for at the same time? Yes. Together with the review application, the interim prohibition of the award can be requested in order to prevent irreversible facts.

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