Reporting irregularities in relation to the tender process
What legal protection exists where public procurement provisions are violated?
The legal protection in relation to public procurement law under the German Act against Restraints of Competition () only applies to the award of public contracts and concessions with a contract value that exceeds the EU thresholds. According to Section 97(6) of the GWB, undertakings shall have a right to have the provisions concerning the procurement procedure complied with.
An affected undertaking can then take action against suspected violations of public procurement law in a review procedure . Where the undertaking makes an admissible application, the public procurement tribunals review whether the applicants rights were violated and what measures may need to be taken to remedy this violation of their rights. The decisions of the public procurement tribunals may be reviewed by the public procurement tribunals at the Higher Regional Courts in the second instance.
For contracts with a contract value below the thresholds, no provision is made for this type of primary (or direct) legal protection in the procurement procedure before the public procurement tribunals, with the exception of individual federal states. However, there may be the possibility of legal protection before the civil or administrative courts depending on the individual situation.
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Federal Ministry of Economics and Technology
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