The appropriate proceeding depends on the legal framework, stage of procurement and remedy sought. Preserving a chance of award before contract signature is different from claiming damages afterwards. Timing and jurisdiction require early attention.
Review bodies and appeal
Within the GWB framework, the Vergabekammer is the first review body, followed by an immediate appeal to the competent higher regional court. Section 172 GWB governs the generally two-week appeal period and particular formal and reasoning requirements. The deadline must be distinguished from the effect on award: under current section 173(1), an appeal against rejection of review has no suspensive effect.
After contract conclusion
A valid award generally cannot simply be reversed. Specific ineffectiveness grounds and time limits under section 135 GWB may be relevant in defined cases. Damages require a separate assessment of duty, breach, causation and loss. A successful procedural criticism does not automatically establish entitlement to the contract or anticipated profit.
Below-threshold disputes
Determine the applicable national and state framework, available review mechanisms and proper court. The GWB route cannot automatically be copied into every smaller procurement. A complaint to an administrative supervisor may not preserve the same position as a timely judicial application. Urgency should be assessed before signature changes the practical remedy.
Prepare the case
Provide complete decisions and service evidence, the procedural file, relevant tenders and the current award position. Identify the desired result and realistic corrective action. Assess legal prospects, time and costs together. EU-law questions may be referred by a national court; bidders do not generally challenge each procurement directly before the CJEU.
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: Rejected review
A bidder loses before the chamber. It checks appeal and award consequences immediately. The existence of an appeal period does not mean that the contract automatically remains unsigned throughout it.
Example 2: Damages claim
The contract has validly gone to another bidder. A damages action has different prerequisites from pre-award review. It does not itself reopen the competition or transfer the contract.
Example 3: Small municipal contract
A supplier seeks urgent relief below threshold. Identify jurisdiction and state-specific routes before filing. The nature of the dispute matters more than a generic description as unfair procurement.
Example 4: EU interpretation
A national case turns on a directive. The court considers whether a preliminary reference is appropriate or required. Counsel can develop the issue, but the referral is a judicial step.
Related topics
Review before the Vergabekammer · Remedies above the EU thresholds · Remedies below the EU thresholds · Damages and other procurement claims
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: § 172 GWB · § 169 GWB · § 173 GWB · § 178 GWB
Updated 13 November 2026. Illustrative guidance on German and EU procurement law.