What is a Review Application?
A Review Application (Nachprüfungsantrag) is the formal legal remedy for a bidder to have a procurement procedure examined by the competent procurement review body (Vergabekammer). It is the central instrument of procurement law legal protection above EU thresholds.
Prerequisites
- Standing: The applicant must have an interest in the contract and claim violation of own rights
- Obligation to complain fulfilled: Prior complaint to the contracting authority
- Deadline met: Application within 15 calendar days after rejection of the complaint
- EU threshold reached: Generally only for contracts above EU thresholds
- Before contract award: The application must typically be filed before the award
Content
The application must identify the parties and the procurement procedure, describe the specific violations, demonstrate actual or threatened damage, and state specific requests.
Procedure
- The review body checks admissibility
- The authority receives the application and may not award the contract (suspensive effect)
- Parties receive access to the procurement file
- An oral hearing typically takes place
- The review body decides within 5 weeks
Suspensive Effect
The most important consequence is the suspensive effect: once served on the authority, the contract cannot be awarded until the review body has decided. This ensures effective legal protection.
Costs
Procedure fees range from €2,500 to €50,000 depending on contract value. Legal representation is strongly recommended. The losing party typically bears costs.