What is a Review Body?
A review body (German: Nachprüfungsinstanz) is an authority or court responsible for reviewing public procurement decisions for legality. These bodies form the backbone of legal protection in procurement law.
Legal Basis
Review bodies for above-threshold procurements are regulated in §§ 155–184 GWB. The law establishes a two-tier review system:
- Procurement Chambers (Vergabekammern) as first instance
- Higher Regional Court Procurement Senates (OLG-Vergabesenate) as appellate instance
Structure
Procurement Chambers (1st Instance)
| Level | Responsible Authority |
|---|---|
| Federal | Federal Procurement Chambers at the Federal Cartel Office (Bonn) |
| State | Procurement chambers at state authorities |
Each chamber consists of a chairperson, one full-time and one honorary assessor. The chairperson must be qualified to hold judicial office.
OLG Procurement Senates (2nd Instance)
Decisions can be challenged by immediate complaint to the competent Higher Regional Court. The OLG decision is generally final – appeal to the BGH is only possible in exceptional cases via divergence referral (§ 179 GWB).
Jurisdiction
Review bodies are only competent above EU thresholds. Below these thresholds, bidders must rely on ordinary civil courts.
Review Procedure
- Complaint – The bidder must first raise the issue with the contracting authority within 10 calendar days
- Review application – If unsuccessful, file with the procurement chamber
- Service and response – The chamber serves the application on all parties
- Oral hearing – Usually an oral hearing takes place
- Decision – Within 5 weeks of receiving the application
Suspensive Effect
While a review procedure is pending, the contracting authority may not award the contract, protecting the applicant from fait accompli.
Costs
Procedure costs range from €2,500 to €50,000 depending on the contract value. The losing party generally bears all costs.
Practical Tip
Strict adherence to the 10-day complaint deadline is critical — missing it renders the review application inadmissible. Patterno helps you identify relevant procedures early and track essential deadlines.