Initiation of review proceedings may be applied for with the Procurement Chamber (Vergabekammer) mentioned in Section VI.4.1). The proceedings at the Procurement Chamber are subject to Article 155 et seq. of the Act Against the Restriction of Competition (GWB, Gesetz gegen Wettbewerbsbeschränkungen).

According to Article 160 GWB, it holds:

(1) The Procurement Chamber initiates review proceedings on request only.

(2) Initiation of review proceedings may be applied for by any company interested in the public contract or concession and claiming violation of its rights according to Article 97, par. 6 due to violation of procurement rules. The company is obliged to outline that it suffers or is threatened to suffer damage as a result of the alleged violation of the procurement rules.

(3) Application for initiation of review proceedings is not permitted, if

1. the applicant realized the alleged violation of the procurement rules prior to the submission of the application for review proceedings, but did not reprimand it to the customer within a period of ten calendar days; expiry of the deadline given in Article 134, par. 2 remains unaffected,

2. violations of the procurement rules realized as a result of the invitation to tender are not reprimanded to the customer until the expiry of the tender deadline given in the invitation to tender or until submission of the tender at the latest,

3. violations of the procurement rules that only become obvious in the tender documents only are not reprimanded to the customer until expiry of the deadline for the tender or for the submission of the tender at the latest,

4. more than 15 calendar days have passed after receipt of the customer"s notification that the reprimand will not be remedied.

Clause 1 does not apply in case of an appeal to establish the lack of validity of the conclusion of a contract according to Art. 135, par. 1, No. 2. Article 134, par. 1, cl. 2 remains unaffected.

According to Article 161 GWB, it holds:

(1) The application must be submitted to the Procurement Chamber in writing and justified directly. It must include a certain request. An applicant without residence or habitual residence, office or headquarters in the area of validity of this Act must name an authorized receiving agent in the area of validity of this Act.

(2) Justification must include the designation of the respondent, the description of the alleged violation with an exposition of the facts, and the designation of the evidence available as well as the statement that the reprimand was made to the customer; to the extent known, other involved parties shall be named.