Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË — Tel. +32 22991111

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EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP AND SMES Single Market for Public Administrations Procurement Legislation and Enforcement

INDICATORS FOR MEASURING THE PERFORMANCE

OF REMEDY SYSTEMS

Guidelines for data collection

1. Number of first instance review decisions

2. Median length of first instance reviews

3. Number of first instance review decisions that were appealed to the (next)

judicial level and its results

Scope and definitions

The data shall only cover public procurement procedures falling under the EU directives1

(i.e. above EU thresholds, including exemptions and exceptions). It shall cover reviews

made both before and after contract signature.

The data shall cover all relevant bodies, regardless of whether they are administrative or

judicial; regardless of whether they are national, regional or local. In case of multiple

level administrative review it shall only include the data from the first instance.

(For those Member States that cannot disaggregate the data based on the EU thresholds

or have only a part of the data available (e.g. no information on post-contractual review,

regional information not shared), if possible, please give your “best guess” estimate of

the additional/missing information in the relevant Comments section.)

The data on reviews started following a complaint and ex officio2 shall be collected

separately.

Indicators are requested per year (2018, 2017 and 2016). Decisions should be included in

the calculation for the calendar year in which they were issued (i.e. dates relating to years

where the complaint was submitted, or where decisions were appealed to a higher

instance should be excluded/ignored).

1Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of

concession contracts (OJ 2014 L 94, p. 1).

Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public

procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65).

Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement

by entities operating in the water, energy, transport and postal services sectors and repealing Directive

2004/17/EC (OJ 2014 L 94, p. 243). 2 A review initiated upon review body’s own motion.

2

“Decision” means a binding outcome of the review (be it started following a complaint or

ex officio). (Typically, we would expect the number of non-ex-officio decisions to be

equal to the number of complaints.)

It includes decisions to reject a complaint3, decisions on interim measures containing an

assessment of the case and not followed by any other decision4, and decisions regardless

of whether multiple decisions are linked to the same procedure. Decisions not on the

merits, i.e. “procedural” or “technical” decisions should not be included (e.g. decisions

on nomination of experts to provide expert view).

1. NUMBER OF FIRST INSTANCE REVIEW DECISIONS

It shall include all the first instance review decisions.

2. MEDIAN LENGTH OF FIRST INSTANCE REVIEWS

It shall be the median5 length of all the first instance reviews.

Length is defined as the number of calendar days between a starting date and an end date.

▪ The starting date is when the complaint is registered or an ex officio proceeding

initiated.

▪ The end date is when the review decision is issued.

3. NUMBER OF FIRST INSTANCE REVIEW DECISIONS THAT

WERE APPEALED TO THE (NEXT) JUDICIAL LEVEL AND ITS

RESULTS

It shall include all the first instance review decisions that were appealed to the (next)

judicial level, both on merit or procedural reasons

For first instance judicial review bodies, “next judicial level” refers to the second judicial

level; for first instance administrative review bodies, “next judicial level” refers to the

first judicial review.

Furthermore, it shall include the number of first instance review decisions that were a)

(primarily) upheld; b) (primarily) rejected; or c) neither upheld nor rejected by the (next)

judicial level (e.g. because they were not yet decided, retracted).

3 Complaints may be rejected for example because the complainant did not have the standing (locus

standi), did not pay the fee, brought the complaint in front of the wrong body, did not fulfil other

conditions necessary to bring a complaint before the review body. However, all those decisions may be

appealed.

4 There is not any other decision because for instance a complaint is withdrawn after the interim measure is

issued or a complaint contains only a request to suspend the procedure for the award of a public

contract or the implementation of any decision taken by the contracting authority.

5 https://en.wikipedia.org/wiki/Median. We choose the median instead of the arithmetic mean because the

average length of first instance reviews is particularly susceptible to the influence of so called

“outliers”. Outliers are unusual values, e.g. unusually small or large.

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË — Tel. +32 22991111

Member State

Year 2025 Comments

1. Number of decisions 167 Overall number of decisions in 2025 was 299 (132 below EU

Directives’ thresholds, 167 above)

upon a complaint 167

ex officio 0 Estonian Public Procurement Review Committee does not act ex

officio

2. Median length of the review 23 -

upon a complaint 23

ex officio N/A Estonian Public Procurement Review Committee does not act ex

officio

3. Number of review decisions

appealed and their results -

Number of review decisions appealed 40

Number of decisions (primarily) upheld 25

Number of decisions (primarily) rejected 6

Number of decisions – other 9

In 5 cases, the appeal was withdrawn; 4 cases ended due to

contracting authority cancelling the procurement procedure in

question

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË — Tel. +32 22991111