What legal protection is there in the event of a breach of the procurement regulations?

Legal protection under public procurement law in accordance with the Act against Restraints of Competition (GWB) only applies to the award of public contracts and concessions once the EU thresholds have been reached. In accordance with § Section 97 (6) GWB have a right to demand that the provisions on the award procedure complied with are complied with.

An affected company can then appeal in a so-called review procedure against suspected breaches of public procurement law. If the company's application is admissible, the awarding chambers whether the applicant's rights have been infringed and what measures, if any, are to be taken to remedy this infringement. The decisions of the public procurement tribunals can be reviewed in the second instance by the public procurement tribunals at the higher regional courts.

In the sub-threshold area such primary - or direct - legal protection is not provided for within the framework of the procurement procedure before the procurement chambers, with the exception of some federal states. However, depending on the constellation, legal protection before the civil or administrative courts may be considered.

• § Section 97 (6) GWB