Precise information on the time limits for lodging appeals

An application for the initiation of review proceedings may be filed with the Public Procurement Tri-bunal mentioned in section VI.4.1). The proceedings before the Public Procurement Tribunal are governed by Sections 155 et seqq. of the GWB. Pursuant to Section 160 GWB, the following applies: (1) The Public Procurement Tribunal shall initiate review proceedings only upon application. (2) Any enterprise having an interest in the public contract or the concession and claiming an infringement of its rights under section 97(6) due to non-compliance with procurement rules shall be entitled to file an application. It must be shown that the enterprise has suffered or is in danger of suffering damage as a result of the alleged violation of procurement rules. (3) The application is inadmissible insofar as

1. the applicant has recognised the alleged infringement of procurement rules before filing the appli-cation for review and has not notified the contracting authority within a period of ten calendar days; the expiry of the time limit under section 134(2) remains unaffected,

2. infringements of procurement rules which are apparent from the notice are not notified to the con-tracting authority at the latest by the expiry of the time limit for application or submission of tenders stated in the notice,

3. infringements of procurement rules which are only apparent in the tender documents are not noti-fied to the contracting authority at the latest by the expiry of the period for submitting applications or tenders,

4. more than 15 calendar days have elapsed after receipt of the contracting authority's notification that it does not intend to remedy a complaint.

Sentence 1 shall not apply in the case of an application for a declaratory decision on the invalidity of the contract pursuant to section 135 subsection 1 number 2. Section 134 subsection 1 sentence 2 shall remain unaffected.

Pursuant to Section 161 GWB, the following shall apply: (1) The application shall be submitted in writing to the Public Procurement Tribunal and shall be substantiated without delay. It shall contain a specific request. An applicant without domicile or habitual residence, registered office or manage-ment within the area of application of this Act shall designate an authorised recipient within the area of application of this Act. (2) The statement of reasons shall contain the name of the defendant, a description of the alleged infringement of the law with a statement of the facts and the designation of the available means of evidence and shall state that the complaint has been made against the con-tracting entity; it shall name the other parties involved, if known.