You have submitted a tender, but a competitor is awarded the contract. The reasoning does not convince you — you suspect the assessment was not conducted correctly, or the selection criteria were applied incorrectly. What now?
The Remedies Act of 17 June 2013 gives you as a tenderer a clear set of instruments to challenge award decisions. The act regulates the authority’s information obligation, imposes a mandatory standstill period, and describes the review procedures available to you.
In this article we explain the framework — not as legal advice, but as orientation so you know what rights you have and what steps you can take.
The reasoned decision
Everything begins with the communication of the award decision. The contracting authority is legally obliged to inform every unsuccessful tenderer immediately of the decision, stating:
- The name of the successful tenderer.
- The reasoned grounds why your tender was not selected.
- The characteristics and advantages of the chosen tender (if the award was based on the best price-quality ratio).
- The exact standstill period and the deadlines for lodging a review.
This reasoning is essential. Without adequate reasoning, you cannot assess whether there are grounds for a review. If the reasoning is too vague or incomplete, that in itself may constitute grounds for an appeal.
The standstill period
The standstill period is the fifteen-day period that the authority must respect between the communication of the award decision and the conclusion of the contract. During this period, the authority may not sign the contract.
When is the standstill period mandatory?
The standstill period is mandatory for:
- Contracts exceeding the European thresholds.
- Special sector contracts exceeding the European thresholds.
- A number of equivalent situations.
For contracts below the European thresholds, the standstill period is optional — the authority may choose to apply it, but is not obliged to.
How is the standstill period calculated?
The period begins on the day after the last required notification. Notification takes place both by email and by registered letter. The moment of dispatch is decisive, not the moment you read the email or collect the letter.
Specifically: if the authority sends the award decision by email on Tuesday and by registered letter on Wednesday, the standstill period begins on Thursday (the day after the last dispatched notification). The contract may then be concluded at the earliest on the 16th day after that Thursday.
Review procedures
If you believe the award decision is unlawful, you have three possible forms of review.
1. Suspension of the award decision
The fastest and most common procedure. You ask the review body to suspend the execution of the award decision, preventing the contract from being concluded until a ruling is made.
Deadline: The application for suspension must be filed within fifteen days of notification of the award decision. This coincides with the standstill period.
Condition: You must demonstrate at least one serious ground or a manifest illegality. You do not need to prove that you suffer a serious and difficult-to-repair harm — this requirement has been specifically abolished for public procurement.
Effect: If suspension is granted, the authority may not conclude the contract. The authority must then reconsider the award decision or take a new decision.
2. Annulment of the award decision
The procedure on the merits. You ask the review body to annul the award decision. This is a definitive ruling that undoes the decision retroactively.
Deadline: The application for annulment must be filed within sixty days of notification of the award decision.
Condition: You must demonstrate that the decision constitutes a breach of EU law or national public procurement law — e.g. discriminatory specifications, incorrect assessment of criteria, or misuse of power.
Effect: If annulment is granted, the authority must re-run the award procedure. If the contract has already been awarded and is being executed, the situation becomes more complex.
3. Declaration of ineffectiveness
The most severe sanction. You ask the review body to declare an already concluded contract ineffective. This is possible in three situations:
- The contract was concluded without the mandatory European publication.
- The contract was concluded without respecting the mandatory standstill period.
- The contract was concluded while a suspension procedure was still pending.
The application for ineffectiveness must be filed within six months of the conclusion of the contract.
The competent review bodies
Which court has jurisdiction depends on the nature of the contracting authority:
Council of State (administrative litigation section) — if the authority is an administrative body, such as federal government departments, regions, communities, provinces, municipalities, public welfare centres, and bodies governed by public law.
Civil court — if the authority is not an administrative body, such as certain intermunicipal organisations or private-law entities falling within the scope of the act.
Practical considerations
The clock ticks fast. Fifteen days for a suspension application is very short. As soon as you receive the award decision, analyse the reasoning immediately. If you have doubts, contact a lawyer specialising in public procurement that same day.
Preserve all correspondence. The date of notification is decisive for calculating deadlines. Keep the email containing the award decision and note the moment of receipt of the registered letter.
Be selective. Not every disappointment justifies legal proceedings. A review only makes sense if you can raise a concrete, serious ground — e.g. a demonstrable error in the assessment, a breach of transparency, or a discriminatory selection criterion.
Consider the costs. Proceedings before the Council of State involve costs: legal fees, court fees, and potentially the opponent’s costs if you lose. Weigh these costs against the importance of the contract.
An informal conversation is not a review. If you disagree with the reasoning, you may always request a debriefing from the authority. This is not a formal review and does not suspend the deadlines, but it can help you better understand why you were not selected — and improve your tender for the next procurement.