Compensation after a procurement error is a separate question from correcting an ongoing competition. A breach does not automatically entitle a bidder to the contract, reimbursement of every expense or lost profit. The cause of action and evidence of loss require individual analysis.
Protect the opportunity first
Before signature, review whether a complaint and urgent remedy can still correct the competition. A later damages claim is not a simple substitute for a missed opportunity to protect the bid. The procedural history, information available to the bidder and steps taken can affect the subsequent assessment.
Bid costs and lost profit
Section 181 GWB addresses reliance loss under its particular conditions, including a genuine chance of award adversely affected by a breach of a protective provision. Other legal bases may need examination for broader loss. Lost profit requires a materially different causation analysis from expenditure incurred preparing an offer.
Evidence and causation
Preserve procurement documents, the actual tender, evaluation information, correspondence and a reliable account of expenditure. Separate ordinary business costs from the asserted damage. Analyse what would probably have happened without the breach, including lawful competing offers, selection and any permissible alternative award decision.
Limitation, costs and alternatives
Identify the relevant limitation rules and any need to preserve claims. Consider available information, litigation costs, settlement options and the commercial value of the dispute together. A successful review decision can be important evidence, but it does not automatically resolve every element or amount of a later civil claim.
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: Incorrect exclusion
A bidder incurs preparation costs and is unlawfully excluded. It must still establish the applicable claim conditions and the relevant chance of award.
Example 2: Profit claimed
A company says it would have won. The assessment compares lawful evaluation and competing bids; an error affecting one criterion does not prove the entire lost margin.
Example 3: Valid contract awarded
The contract is already validly signed. A damages action does not transfer that contract to the claimant or automatically reopen the competition.
Example 4: Incomplete records
Only a global estimate of staff time exists. Contemporaneous records of work and expenditure improve the basis for assessing and substantiating a monetary claim.
Related topics
Review before the Vergabekammer · Remedies above the EU thresholds · Court proceedings in public procurement
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: § 168 GWB · § 135 GWB · § 181 GWB
Updated 13 November 2026. Illustrative guidance on German and EU procurement law.