What is an Immediate Complaint?
The immediate complaint (German: sofortige Beschwerde) is the legal remedy against procurement chamber decisions, filed with the competent Higher Regional Court (OLG procurement senate).
Requirements
Subject: procurement chamber decision. Entitled parties: all participants. Deadline: 2 weeks after service. Form: written, filed at the OLG.
Effect
The immediate complaint has no suspensive effect — the contract may be awarded despite the complaint. The complainant must simultaneously request extension of the award prohibition (§ 173 GWB).
Procedure
Filing within 2 weeks, request for award prohibition extension, OLG decision on prohibition (urgent), complaint reasoning, counterstatement, oral hearing (optional), OLG decision.
OLG Decision Options
Reject as inadmissible, dismiss as unfounded, set aside and decide anew, remand to the chamber, or refer to the CJEU.
Practical Tip
The 2-week deadline is preclusive and non-extendable. An award prohibition request must be filed simultaneously. Patterno helps you identify procedures early and track critical deadlines.