Standing to Appeal in Procurement Law 2026

Definition: Standing to appeal denotes the right of a person or undertaking involved in the review procedure to lodge an immediate appeal against the decision of the procurement chamber before the competent Higher Regional Court.

Last updated: January 2026 · Legal basis: § 172 GWB, § 171 GWB, BVergG 2018

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What is standing to appeal?

Standing to appeal is the procedural precondition for lodging an immediate appeal against the decision of the procurement chamber – without it, the appeal is dismissed as inadmissible.

Not everyone who is dissatisfied with a procurement procedure can lodge legal remedies at will. Procurement review law contains a strict limitation of the circle of those entitled to appeal, which serves procedural efficiency and the avoidance of abusive appeals. Standing to appeal is the counterpart to standing to apply in the review procedure before the procurement chamber, but goes further in one respect: it additionally requires that the appellant be aggrieved by the decision.

Conditions for Standing to Appeal

Pursuant to § 172 GWB, all parties to the review procedure whose rights are adversely affected by the decision of the procurement chamber are in principle entitled to appeal.

These include:

• The applicant (passed-over bidder) if their review application was dismissed
• The contracting authority (respondent) if the review application was granted and the authority was required to issue a new decision or to take action
• The intervener (presumed successful bidder) if the procurement chamber ruled against them

A person who was not involved in the review procedure or who is not affected by the decision in their own legal interests is not entitled to appeal.

Distinction from Standing to Apply

Standing to apply (before the procurement chamber) and standing to appeal (before the Higher Regional Court) follow similar but not identical principles.

Standing to apply under § 160 para. 2 GWB requires that the undertaking has an interest in the contract and asserts a violation of its rights through which it has suffered or risks suffering damage. Standing to appeal, by contrast, requires that one was involved in the review procedure and is aggrieved by the decision rendered.

Standing to Appeal of the Intervener

The intervener has an independent standing to appeal and can lodge an immediate appeal regardless of the conduct of the other parties.

This is particularly relevant where the contracting authority and the applicant reach a settlement in the review procedure and neither of them lodges an appeal, but the intervener (e.g. as presumed successful bidder) has an interest in maintaining the procurement procedure.

FAQ

What happens if standing to appeal is lacking? The Higher Regional Court dismisses the appeal as inadmissible. The decision of the procurement chamber becomes final.

Must a complaint be raised before the appeal? No separate complaint is required for the appeal against the decision of the procurement chamber – the obligation to complain only applies in the procedure before the procurement chamber itself.

Can an undertaking not involved in the review procedure lodge an appeal? In principle, no. Exceptions may apply where an undertaking was wrongly not joined as an intervener.

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