Reporting irregularities in relation to the tender process

Information about Rights & Duties

Reporting irregularities in relation to the tender process

What legal protection exists in the case of an infringement of procurement rules?

The legal protection in relation to public procurement law under the Competition Act (Gesetz gegen Wettbewerbsbeschränkungen, GWB) applies only to the award of public contracts and concessions with a contract value exceeding the EU thresholds. In accordance with Section 97(6) GWB, undertakings are entitled to compliance with the provisions relating to the procurement procedure.

Any undertakings concerned in the case of non-compliance may take action against suspected infringements of public procurement law in a review procedure. Where the undertaking makes an admissible application, the public procurement tribunals shall verify whether the applicants rights have been infringed and, if so, what measures should be taken to remedy that infringement. The decisions of the public procurement tribunals may be reviewed on appeal by the public procurement tribunals of the Higher Regional Courts.

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 certain federal states. However, depending on the circumstances, legal protection may be available before the civil or administrative courts.

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Federal Ministry for Economic Affairs and Climate Action

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