Abstract

In Austria, new EU Directives of 2014 have been implemented by an amendment to the Federal Public Procurement Act. The amendment covered a relatively small scope of changes. The entire structure of the Act has remained unchanged, thanks to which its transparency and cohesion have been maintained. What the Austrian legislator did constitutes a good example of how the postulate of the minimal transposition of directives, restricted to the reception of obligatorily implementable solutions, is to be realized.

The Federal Public Procurement Act bases the public procurement procedure on the traditional auction model in which acceptance of a tender by the contracting authority automatically concludes a contract. The Act provides for the possibility to reserve a deposit which secures not so much the conclusion but performance of the contract.

Appeals are considered by administrative courts under the two-instance procedure. The possibility to challenge the actions of the contracting authority has been limited only to key decisions constituting milestones in the public procurement procedure. The favours concentration and effectiveness of appellate procedures.

The Austrian legislator regulated in detail the issue of liability of the contracting authority for damages in case of a faulty auction. A model of full liability (i.e. covering the actual loss and the lost benefits) has been adopted which has a disciplining effect on contracting authorities.