Since 1999, as well as enforcing the ban on cartels, the control of abusive practices and merger control, the Bundeskartellamt, through the federal public procurement tribunals, also reviews the award procedures of the Federation and its public awarding entities. These review procedures are conducted on the basis of §§ 97 ff of the Act against Restraints of Competition where the contract volumes exceed certain values (so-called thresholds) laid down under European Community Law.

Currently, three federal public procurement tribunals are located at the Bundeskartellamt, which process applications for review proceedings on the basis of §§ 107 ff ARC. The public procurement tribunals of the respective Länder are competent for public contracts falling within the scope of responsibility of the Länder. The legal bases for the establishment and organisation of public procurement tribunals are provided by §§ 102 ff. of the Act against Restraints of Competition.

In their organisational structure the public procurement tribunals are similar to a court of law and exercise their functions independently and on their own responsibility within the limits of the law.

Further information about the federal public procurement tribunals and the principles of legal protection in award procedures for public contracts as well as details about review procedures can be found in the information leaflets under the rubric “public procurement” .

The Decisions of the Public Procurement Tribunals are posted in anonymised form on the Bundeskartellamt’s website.

Further information about the tasks and decision practice of the federal public procurement tribunals can also be found in the Bundeskartellamt’s Activity Reports and Information Brochure.

The activities of the federal public procurement tribunals are based on the following legal provisions:

• Part 4 of the Act against Restraints of Competition (§§ 97-131) 
• Regulation on the Award of Public Contracts (Award Regulation, VgV)
• Procedures for the Award of Contracts for Construction Services, Part A (VOB/A), available from the website of the Federal Ministry of Transport, Building and Urban Affairs
• Procedures for the Award of Contracts for Public Supplies and Services, Part A (VOL/A), available at the website of the Federal Ministry of Economics and Technology
• Procedures for the Award of Contracts for Professional Services,(VOF), available at the website of the Federal Ministry of Economics and Technology

The legal provisions listed below serve to implement the following directives of the European Community:

• Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal service sectors (Official Journal of the European Union of 30 April 2004 no. L 134, p. 1 ff.) 
• Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (Official Journal of the European Union of 30 April 2004 no. L 134, p. 114 ff.) 
• Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (Official Journal of the European Union of 20 December 2007 no. L 335, p. 31 ff), including the above amended directives.

The above directives are available at the website of the Federal Ministry of Economics and Technology.

The Bundeskartellamt undertakes no guarantee that the content of the legal provisions linked to its website is up-to-date.