A specific legal framework for appeals in award procedures exists only above the EU thresholds. The procedure can be divided into 3 stages. Each stage has its own time limits. In general, the time limits are quite short. It should be noted that the procedures and deadlines may vary. The following instructions can be used as a general guideline. Failure to comply with a time limit leads to exclusion: the procedure becomes inadmissible and the specific infringement cannot be challenged.
- Stage 1: Raising an objection (Rüge) against the contracting authority
If the appellant becomes aware of an infringement before initiating a review procedure (Nachprüfungsverfahren), the infringement must be the subject of an objection within 10 days. If the infringement is apparent from the contract notice or the procurement documents, the objection must be lodged before the time limit for the submission of a tender expires as specified in the contract notice. Please note: The criterion of unreasonable delay is no longer relevant due to changes in the law.
- Stage 2: Review procedure (Nachprüfungsverfahren)
If the contracting authority fails to comply with the objection, the time limit for initiating a review procedure before the Public Procurement Chamber (Vergabekammer) is 15 calendar days from the date of receipt of the decision.
- Stage 3: Immediate complaint (Sofortige Beschwerde)
If the review procedure before the Public Procurement Chamber (Vergabekammer) has been unsuccessful, an immediate appeal (Sofortige Beschwerde) may be lodged with the Higher Regional Court (Oberlandesgericht) within two weeks from the date of service (Zustellung) of the decision.