Initiating a Review Procedure
The review procedure (Nachprüfungsverfahren) is the central legal remedy for bidders in EU-wide procurements. If you believe the contracting authority violated procurement law, you can request a review by the procurement chamber.
Prerequisites
The contract value must be above EU thresholds, a procurement violation must exist, you must have suffered or face potential damage, and you must have objected (rüge) in time.
The Objection (Rüge)
Before filing a review, you must object to the authority. Strict deadlines apply: violations recognizable from the notice or documents must be objected to before the bid deadline. Other violations within 10 calendar days of discovery. After the advance information letter: 15 calendar days. Missing deadlines makes the review inadmissible.
Common Violations
- Excessive eligibility criteria
- Incorrect evaluation
- Unlawful bid exclusion
- Wrong procedure choice
- Unauthorized negotiations
- Violation of information duties
The Review Process
File with the competent procurement chamber. The authority receives a standstill obligation. Oral hearing usually 3-5 weeks after filing. Decision within 5 weeks. Fees range from 2,500-50,000 EUR.
Appeal
Immediate appeal to the Higher Regional Court (OLG) within 2 weeks of the decision.
The review procedure is effective but requires fast action and specialized legal expertise. Consult a procurement lawyer early.