Appeals

Appeals against orders of principals subject to the Government, transmitted by electronic means or facsimile may be filed with  the Board of Administrative Appeals within ten days, and in the case of transmission by mail, within 14 days, from the date of service.

Appeal against decisions or orders of the Government and against decisions of the Complaints Commission  for Administrative Matters transmitted by electronic means or by fax may be filed with the Administrative Court within ten days, and in the case of transmission by mail, within 14 days from the date of service.

An appeal may be lodged against decisions under Art. 60 para. 2 of the Public Procurement Act or Art. 76 para. 2 of the Public Procurement Act in the field of sectors within ten days.

The complaint must contain the following information in accordance with Article 55 of the Law on Public Procurement or Article 71 of the Law on Public Procurement in the Field of Sectors:

• the exact designation of the procurement procedure in question, as well as the contested decision or order;
• the exact designation of the contracting authority;
• a statement of the relevant facts including the interest in the conclusion of the contract, subject to Art. 48 para. 3 ÖAWSG
• information on the alleged imminent damage or the damage already suffered by the complainant;
• the grounds on which the allegation of illegality is based;

Appeal against decisions or rulings concerning the award of contracts with a contract value of up to CHF 200,000 (exclusive of value-added tax) is possible pursuant to Art. 53 Para. 3 ÖAWG or Art. 68 Para. 3 ÖAWSG, unless it concerns a contract above the thresholds to which the provisions above the thresholds apply, no appeal is possible.

Complaints have to be filed pursuant to Article 56 of the Law on Public Procurement or Article 72 of the Act on Public Procurement in the Sectors shall not have a suspensive effect, unless the application for interim injunctions (suspensive effect) is filed together with a complaint and the result of the comparison of the interests of other applicants or tenderers and the contractor. Tenderers and the contractor against the public interests shows that the interests of the applicant for the temporary injunction prevail (Art. 59 Para. 2 ÖAWG or Art. 75 Para. 2 ÖAWSG).
The application for interim injunctions shall contain, in particular, information on:

• the nature of the measure to be taken;
• the period for which the interim injunction is sought;
• the alleged illegality;
• the damage caused or imminently threatened;
• a statement of the relevant facts.

Applications for interim injunctions may only be filed together with a complaint (Art. 58 Para. 3 ÖAWG or Art. 74 Para. 3 ÖAWSG).