2 more brief questions

Dear all,

thank you very much for your very helpful and brief responses!

We have tried to summarize your answers in the attached table with all available answers. Of course, this table will fall short of all the specific characteristics in our different review systems, we thrive however for a reasonable overview.

From your answers we have seen that we should make another important distinction on how a suspensive effect may come into force before the review body in the second level review:

• * automatically by law or

• * possibly upon either
  • * request by the appellant or

  • * ex officio by the court.

We invite you to thus check the table for potentially additional information on how the suspensive effect comes into effect in your country and if we might have misinterpreted your respective answer.

Feel free to send me your answers bilaterally and we’ll compile an updated overview table for everybody.

Thank you again in advance and have a very happy weekend.

Dear all,

two more brief questions, this time a view to the suspensive effect in light of the ECJ decision from 18 January 2024 on Cross/Brno (ECLI:EU:C:2024:60):

If possible, your input would be very valuable for current national discussions regarding these two aspects:

1. 1. Does your procurement law provide a suspensive effect in proceedings before the body of second instance?

2. 2. Is your body of first instance a judicial body?

We would be very happy for brief answers. We are merely interested in an overview within the EU, being fully aware that we could discuss our different review proceedings for ours :)

Many greetings from Berlin and thank you in advance for your input!