Leistungen A-Z

What legal protection is there in the event of infringement of procurement rules?

Legal protection under public procurement law under the Act against Restraints of Competition only applies to the award of public contracts and concessions once the EU thresholds have been reached. Under Paragraph 97(6) of the GWB, undertakings are entitled to have the provisions on the award procedure complied with.

An affected company can then take action against suspected infringements of procurement law in a so-called review procedure . If the company's application is admissible, the procurement chambers examine whether the applicant's rights have been violated and, if so, what measures must be taken to remedy this infringement. The decisions of the procurement chambers can be reviewed in the second instance by the procurement chambers at the higher regional courts.

In the subthreshold area, such primary – or direct – legal protection is not provided for in the context of the procurement procedure before the procurement chambers, with the exception of some federal states. However, depending on the constellation, legal protection before the civil or administrative courts may be considered.

Federal Ministry for Economic Affairs and Energy