Legal remedy

Appeals may be lodged with the Appeals Commission for Administrative Matters within ten days, or 14 days in the case of transmission by letter, from the date of delivery, against decisions or orders of contracting authorities, subject to the government, which are transmitted electronically or by fax.

Appeals against decisions or orders of the government and against decisions of the Appeals Commission for Administrative Matters that are transmitted electronically or by fax may be lodged with the Administrative Court within ten days, or in the case of transmission by letter, within 14 days of service.

Appeals against decisions pursuant to Art. 60 Para. 2 of the Law on Public Procurement or Art. 76 Para. 2 of the Law on Public Procurement in the sectors may be lodged within ten days.

The complaint must contain the following information in accordance with Article 55 of the Public Procurement Act and Article 71 of the Public Procurement Act in the area of sectors:

• the exact name of the procurement procedure in question and the contested decision or order;
• the exact name of the contracting authority;
• a description of the relevant facts of the case, including the interest in concluding the contract, subject to Art. 48 para. 3 ÖAWSG
• Details of the alleged imminent damage or the damage already suffered by the complainant
• the grounds on which the allegation of illegality is based.

In accordance with Art. 53 para. 3 ÖAWG and Art. 68 para. 3 ÖAWSG, no appeal is possible against decisions or orders concerning the award of contracts with a contract value of up to CHF 200,000 (excluding Value Added Tax Division), unless the contract is above the threshold values to which the provisions above the threshold values apply.

Pursuant to Article 56 of the Public Procurement Act and Article 72 of the Public Procurement Act, appeals have no suspensive effect in the area of sectors, unless the application for interim measures (suspensive effect) is made together with an appeal and the result of the comparison of the interests of other candidates or tenderers and the contractor with the public interests shows that the interests of the applicant for the interim measures prevail(Art. 59 Para. 2 ÖAWG and Art. 75 Para. 2 ÖAWSG).
The application for a temporary injunction must contain information in particular on

• the type of measure to be taken;
• the period for which the interim injunction is requested;
• the alleged unlawfulness;
• the damage incurred or imminent threat of damage;
• a description of the relevant facts.

Applications for interim injunctions can only be made together with an appeal(Art. 58 para. 3 ÖAWG and Art. 74 para. 3 ÖAWSG).