What is a Review Procedure?
The review procedure (Nachprüfungsverfahren) is the central legal remedy in German procurement law above EU thresholds. It allows bidders to have the legality of a procurement procedure reviewed by the procurement chamber.
Legal Basis
Governed by §§ 155-184 GWB, the review procedure is exclusively available for procurements above EU thresholds. No comparable formal legal protection exists for sub-threshold procurements.
Prerequisites
The bidder must have an interest in the contract, must have first filed a complaint (Rüge) with the contracting authority, and must observe strict deadlines: 10 calendar days after discovering a violation, and 15 calendar days after receiving the authority's rejection of the complaint.
Process
The procedure follows these steps: complaint to the authority, rejection by the authority, application to the procurement chamber, statements from parties, oral hearing, and decision within 5 weeks. Filing triggers an automatic prohibition on contract award.
Second Instance: OLG
An immediate appeal to the Higher Regional Court (OLG) can be filed within 2 weeks. The OLG decision is final with no further appeal to the Federal Court of Justice (BGH).
Costs
Procurement chamber fees range from approximately 2,500-50,000 EUR depending on contract value. Legal representation is recommended. The losing party typically bears costs.