Revocation Decision in Procurement Law 2026

Revocation decision: The formal decision of the contracting authority to terminate a procurement procedure without award – challengeable in review proceedings.

Definition: The revocation decision is the formal decision of a public contracting authority to terminate an ongoing procurement procedure without awarding a contract; it is reviewable as a separately challengeable decision in review proceedings.

Last updated: January 2026 · Legal status: § 2 no. 16, §§ 139–143 BVergG 2018; § 134 GWB

What is the revocation decision?

The revocation decision is the formal legal act by which the contracting authority communicates externally its intention to revoke the procurement procedure. It is to be distinguished from the revocation declaration (notification to bidders): the decision is the internal organisational resolution, while the declaration is the externally directed communication.

In Austrian procurement law, the revocation decision is a "separately challengeable decision" within the meaning of the BVergG 2018, i.e. bidders must separately challenge it within the statutory time limits if they wish to safeguard their rights.

Formal requirements

The revocation decision must be made in writing and communicated to the bidders. It must state the ground for revocation and be communicated in good time so that bidders can still file an application for review before the revocation takes effect. In the above-threshold area, the standstill period begins with the notification of the revocation decision (§ 141 BVergG 2018).

Challengeability

Bidders who consider the revocation decision unlawful must file an application for review within the statutory challenge periods. If they miss this deadline, preclusion sets in: they can no longer assert the unlawfulness of the revocation decision in the further proceedings. In Austria, the challenge period in the above-threshold area is generally ten days from receipt of the revocation decision.

Legal consequences of an unlawful revocation decision

If the revocation decision is found to be unlawful in review proceedings, the procedure can be continued or the successful bidder can claim damages. A claim for award of the contract does not exist even in the case of an unlawful revocation; the damages are generally limited to reliance loss (offer preparation costs).

Related terms

FAQ

When does the challenge period for the revocation decision begin? Upon receipt of the written notification of the revocation decision by the bidder. The exact length of the period is determined by the applicable national law and the threshold area.

Must the contracting authority justify the revocation decision? Yes. Without a comprehensible justification, the revocation decision is challengeable, as an objective ground for revocation is required.

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