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Legal

Higher Regional Court Procurement Senate

Specialized chamber at the Higher Regional Court deciding appeals against procurement chamber decisions.

What is an OLG Procurement Senate?

The OLG procurement senate is a specialized division at the Higher Regional Court serving as the second instance for appeals against procurement chamber decisions (§§ 171–178 GWB).

Immediate Complaint

Must be filed within 2 weeks of service of the procurement chamber decision. Generally has no suspensive effect unless the OLG orders it.

Decision Options

The OLG may reject the complaint, dismiss it, modify the chamber's decision, remand to the chamber, or refer questions to the CJEU.

Divergence Referral

If the OLG intends to deviate from another OLG or BGH decision, it must refer the question to the BGH (§ 179 GWB), ensuring uniform nationwide application.

Practical Tip

OLG procurement senate decisions are generally final and significantly shape procurement practice. Patterno helps you identify procedures early and spot potential legal violations.

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