Notification and legal remedies for breaches of procurement law
The review procedures are available, under detailed rules, which the Member States may establish, at least to any person having or having had an interest in obtaining a particular public supply or public works contract and who has been or risks being harmed by an alleged infringement.
The application for review shall not have a suspensive effect on the award procedure.
Suspensive effect may be applied for with an application for a temporary injunction to the Administrative Court of Lower Austria.
At the request of a contractor, the Administrative Court may, by means of an interim injunction, temporarily suspend the entire award procedure or individual decisions of the contracting entity until the decision of the Administrative Court on any annulment.
Application for review: Application for participation or bid of the contractor in the award procedure, application for annulment of a decision of the contracting authority and application for issuance of an interim injunction to the Administrative Court of Lower Austria.
Application for a declaratory judgment: application for participation or tender or no documents, Request for a declaratory judgement for the determination of violations of the law (§ 11 Lower Austrian Public Procurement Review Act)
Requests for review of a decision of the contracting authority shall be submitted within ten days. Requests for review of the tender documents shall be submitted no later than seven days prior to the expiry of the deadline for submission of tenders or the deadline for submission of requests to participate.
In the case of direct awards, the application must be filed within ten days from the date of knowledge of the contestable decision of the contracting authority.
Applications for declaratory judgement must be filed within six months of the applicant's knowledge of the award or revocation (§ 12 Lower Austrian Public Procurement Review Act).
The flat-rate fees at the Administrative Court of Lower Austria are EUR 200 to EUR 5,000.
The review body for award procedures of contracting authorities in the enforcement area of the Federal Province of Lower Austria is the Administrative Court of Lower Austria. The Administrative Court can annul an unlawful decision of the contracting authority (in particular also discriminatory requirements regarding technical capacity or financial and economic capacity).
Declaratory proceedings: The Administrative Court of Lower Austria may declare a contract absolutely null and void or impose a fine on the contracting authority.
See above (General information)
Office of the Lower Austrian Federal Government
Management and Administration Division of the Office of the Federal Government
Department of Facility Management
Landhausplatz 1, 3109 St Pölten
post.lad3@noel.gv.at
Administrative Court of Lower Austria
Rennbahnstraße 29, Floor B, 3109 St. Pölten
post@lvwg.noel.gv.at
Authentication or signature of the application is not required
Appeal to the Administrative Court of Justice
Office of the Lower Austrian Federal Government
Management and Administration Division of the Office of the Federal Government
Department of Facility Management
Landhausplatz 1, 3109 St Pölten
post.lad3@noel.gv.at
December 11th, 2020
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