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Contents. Federal Public Procurement Office Administrative Court Cooperation. Court of Justice of the European Union. Administrative Court. Constitutional Court. Supreme Court. FPPO, RPPRA: review, interim measure. FPPO, RPPRA: ascertainment. courts: review of concessions, damages.

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Contents

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  1. Contents Federal Public Procurement Office Administrative Court Cooperation

  2. Court of Justice of the European Union Administrative Court Constitutional Court Supreme Court FPPO, RPPRA: review, interim measure FPPO, RPPRA: ascertainment courts: review of concessions, damages procurement procedure award of contract

  3. Federal Public Procurement Office tribunal established by law responsible by law members independent like judges decisions binding first and last instance in public procurement reviews on federal level in Austria

  4. Federal Public Procurement Office powers interim measures set aside decisions of contracting authorities ascertainment procedure decision in senates usually oral hearing decision within 6 weeks

  5. Federal Public Procurement Office role in review enforce subjective rights of tenderers intervene in public procurement procedures correct mistakes in procurement procedures first and last instance procedural collect facts decide fast make continuation of procurement procedure possible

  6. Administrative Court one of Austria’s highest courts established in 1876 responsible to control administrative acts consists of professional judges decision in senates of five members (three members in smaller cases, nine members if change of jurisprudence)

  7. Administrative Court party of administrative procedure must submit complaint decision of legal questions only: correctness of application of law decision: rejection or dismissal of appeal void decision of Federal Public Procurement Office refusal to deal with the case usually no oral hearing no defined time to decide

  8. Cooperation in Review Federal Public Procurement Office only review authority required by EU remedies directives Federal Public Procurement Office collects facts obligatory oral hearing Administrative Court control of review but no review by itself

  9. Cooperation in Review judgements of Administrative Court of principal importance: guidelines but: if economic operator wins, only damages possible 161 out of 2024 decisions of the Federal Public Procurement Office contested, 52 voided

  10. Thank you for your attention. Hubert Reisner Federal Public Procurement Office Praterstraße 31, 1020 Wien, AustriaTel +43 (1) 213 77 – 224Mobile +43 (664) 813 18 89Fax +43 (1) 718 23 93hubert.reisner@bva.gv.atwww.bva.gv.at

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