A contract awarded without required publication may raise the special ineffectiveness rules in section 135 GWB. Not every procurement error makes a contract automatically void. The particular statutory ground, procedure and deadlines must be satisfied.
Identify the alleged direct award
Establish the authority, subject matter, estimated value, award date and any claimed exception. A major amendment to an existing contract can also require analysis if it should have been newly competed. In that situation, section 132 is relevant before considering the consequences of a new award made without the required process.
Time limits and procedural route
Section 135 contains specific periods linked to defined information, publication and contract-conclusion events. These differ from ordinary complaint timing. Preserve the exact dates and documents as soon as the arrangement becomes known. The special rules for the relevant direct-award ineffectiveness claim do not eliminate every time limit.
Transparency notices
A voluntary ex-ante transparency notice can have significance only under the statutory conditions. The authority must not assume that any publication validates an otherwise unjustified direct award. The grounds for using an exception and the required procedural safeguards need their own substantive assessment.
Prevent and respond
Authorities should document the exception before contracting, including alternatives and the intended scope. Potential challengers should collect concrete evidence rather than rely on rumours. Where a contract is already in performance, practical consequences, possible remedies and costs require careful consideration alongside the alleged procurement breach.
Four practical examples
The following scenarios are illustrative, not reports of actual client matters. The outcome depends on the documents and circumstances of the individual procurement.
Example 1: No notice
A council awards a publishable contract directly to a known supplier. A competitor examines the legal ground and section 135 deadlines. The remedy depends on more than the absence of an open competition.
Example 2: Large amendment
An existing service is substantially expanded. First assess whether section 132 permits the change. An unlawful material modification may need to be treated as a new procurement.
Example 3: Prior transparency notice
The authority publishes its intended direct award. Check every condition for the notice’s legal effect. Publication alone does not supply a missing substantive exception.
Example 4: Late discovery
A company learns of the contract months later. Secure knowledge, publication and conclusion dates immediately. Ordinary complaint assumptions should not replace the special ineffectiveness analysis.
Related topics
Exceptions from competitive procurement · Contract modifications and additional public works · Review before the Vergabekammer
Discuss your procurement
For a review, please identify the authority, contract or lot, current procedural stage and any deadline. We can then clarify the scope of the requested work. Contact our team. An enquiry does not itself create a retainer or preserve a legal deadline.
Legal sources
Official legislation and materials, some in German: § 135 GWB · § 160 GWB
Updated 13 November 2026. Illustrative guidance on German and EU procurement law.