Sections 155 ff. GWB (German Act against Restraints of Competition) govern the review of public contract awards by public procurement tribunals (Vergabekammern). Within the scope of GWB Part 4, companies can use them to have compliance with their procurement rights reviewed. Section 160 governs the application and its admissibility requirements. Section 155 GWB, Section 160 GWB
Legal and source status: September 5, 2026. In a concrete dispute, have the deadline calculation and the required steps legally checked for the individual case without delay.
Which provision governs what?
| Provision | Content |
|---|---|
| Section 155 | Principle of review by public procurement tribunals |
| Section 156 | Federal and state tribunals, and the line drawn, for example, from damages claims |
| Section 157 | Composition and independence |
| Section 158 | Establishment, organization and form of procedure |
| Section 159 | Jurisdiction of each public procurement tribunal |
| Section 160 | Application, standing and grounds for inadmissibility |
The public procurement tribunal only acts on application. The company must show an interest in the contract, an alleged violation of its rights under Section 97 subsection 6, and damage that has occurred or is threatened. Section 160 also contains special restrictions, for example for challenges to certain federal collective wage compliance ordinances and in cases of obvious abuse of rights. Section 160 subsections 1 to 3 GWB
Do not mix up the deadlines
| Trigger | Rule of Section 160 subsection 3 |
|---|---|
| A violation was actually recognized before the application | Raise a complaint (Rüge) with the contracting authority within ten calendar days |
| A violation is apparent from the contract notice | Raise a complaint no later than the application or bid deadline stated there |
| A violation only becomes apparent from the tender documents | Raise a complaint no later than the application or bid deadline |
| A notice arrives that the complaint will not be remedied | After more than 15 calendar days, the application is inadmissible to that extent |
Check these triggers separately and, where applicable, side by side. The complaint deadlines do not add up to a total time budget you can use freely. For applications under Section 135 subsection 1 number 2, Section 160 subsection 3 sentence 2 exempts them from the inadmissibility rules above. There, check the special conditions and deadlines of Section 135. Section 160 GWB, Section 135 GWB
Why the standstill period can require earlier action
Under Section 134, the standstill period before the contract is signed is generally 15 calendar days from the dispatch of the advance notice, or ten days for electronic transmission or fax. It starts on the day after dispatch. Receipt does not matter for this. Statutory exceptions must still be checked. Section 134 GWB
Fictional example: When a notice arrives that the complaint will not be remedied, only a few days remain until the announced contract signing. If you now simply wait 15 days, you may miss the window for effective legal protection. The complaint does not extend the standstill period. The ban on awarding the contract only arises when the public procurement tribunal informs the contracting authority of the application for review under Section 169. Under the current version, if the contracting authority prevails, it already ends when the tribunal's decision is announced. Section 169 subsection 1 GWB
What should the bid team secure right away?
File the contract notice, documents, messages, the time you recognized the issue, the complaint and proof of receipt together. Note the announced contract signing separately. Check which tribunal has jurisdiction based on Section 159 and the contract notice. The reasoned application must be filed in writing or electronically. Section 161 names the required content and the relevant electronic receipt. Section 161 GWB
Frequently asked questions
Does a complaint automatically stop the award?
No. The complaint does not automatically extend the standstill period. The ban on awarding the contract under Section 169 subsection 1 requires that the public procurement tribunal inform the contracting authority of the application for review.
Do I always have 15 days for the application for review after a complaint?
No. The 15 calendar days are linked to the receipt of the notice that the contracting authority will not remedy the complaint. A standstill period that ends earlier is not extended by this. Effective legal protection may require earlier action.