How to Challenge a Public Procurement Award in Greece: Pre‑award & Post‑award Remedies (2026 Update)

Last updated: 28 June 2026

Understanding how to challenge a public procurement award in Greece is essential for any bidder, domestic or foreign, that believes a contracting authority has breached the rules governing tender evaluation, scoring or contract award. Greek procurement law provides a layered remedies system: a mandatory pre‑contractual appeal to the Single Authority for Public Procurement (EADISY / Ενιαία Αρχή Δημοσίων Συμβάσεων), interim suspension measures during the standstill period, judicial review before the administrative courts, and a separate damages claim. The foundational statute remains Law 4412/2016 (the Public Procurement Code), now substantially amended by Law 5218/2025, which took effect alongside updated EU procurement thresholds on 1 January 2026.

This guide maps every step of the challenge process, who files, where, within what deadline, and with which documents, so that bidders and counsel can act decisively within the narrow windows Greek law permits.

Overview of the Procurement Remedies Process in Greece

Greece’s procurement remedies framework implements the EU Remedies Directives (Directive 89/665/EEC for classic-sector contracts and Directive 92/13/EEC for utilities) through Book IV of Law 4412/2016. The system distinguishes two phases of challenge based on whether the public contract has been signed.

Pre‑contractual remedies are available from the moment a contracting authority issues a challengeable act, such as the award decision, and before the contract is executed. They centre on a mandatory administrative appeal to the Single Authority for Public Procurement, with an automatic standstill that prevents contract signature while the appeal is pending. Post‑contractual remedies are pursued through the administrative courts once the contract has been signed, and may include annulment of the contract or an award of damages.

Law 5218/2025 reformed several procedural aspects of this system, including the scope of the Single Authority’s review powers, electronic filing requirements and the interaction between the standstill period and contract signature. Industry observers expect these reforms to accelerate decision‑making at the administrative stage, though the full impact on court timelines remains to be seen. Alongside the legislative changes, the EU procurement thresholds were updated effective 1 January 2026, altering which contracts fall under the stricter EU‑regime appeal rules and which are governed by the lighter national below‑threshold procedures.

Eligibility and Prerequisites for How to Challenge a Public Procurement Award in Greece

Not every party can bring a procurement challenge. Greek law requires the appellant to demonstrate a legitimate interest, standing, in the specific tender. The following categories of challengers are generally recognised.

Eligibility checklist

• Participating bidder. Any economic operator that submitted a tender or request to participate and was excluded, scored lower, or otherwise adversely affected by the award decision.
• Candidate denied participation. An operator whose expression of interest or pre‑qualification was rejected, provided the challenge targets that exclusion decision.
• Potential bidder with demonstrable interest. In limited circumstances, an operator that can prove it was deterred from bidding by an unlawful tender specification may challenge the notice or terms before the submission deadline.
• Foreign companies. EU/EEA‑based operators have the same standing as Greek bidders. Non‑EU operators may participate and challenge where covered by an applicable international agreement (e.g., GPA) or where the tender documents do not restrict participation to EU entities.

Before filing an appeal, the bidder should request a debriefing from the contracting authority to obtain full reasons for the award decision and the comparative scoring. This debriefing is not a formal prerequisite to admissibility in every case, but it is strongly advisable because it starts the evidentiary trail and clarifies the grounds of challenge. Bidders must also hold a valid Greek AFM (tax identification) number or equivalent EU VAT registration for procedural identification.

Step‑by‑Step Procedure to Challenge an Award

The procurement remedies process in Greece follows a defined sequence. The table below provides a snapshot; the sub‑sections that follow detail each step.

Step 1, Take immediate action on receiving the award notice

The clock starts on the date the contracting authority notifies the bidder of the award decision. On that day, the bidder should take three actions simultaneously. First, preserve all evidence: download the full award notification, the evaluation committee’s report (if provided), the comparative scoring matrix, and any correspondence from the e‑procurement platform (ESIDIS / ΚΗΜΔΗΣ). Screenshot timestamps and save email headers. Second, request a debriefing in writing, asking the authority to disclose the characteristics and relative advantages of the successful tender, the name of the winning bidder, and the full evaluation scoring. Third, convene an internal decision meeting with counsel to assess whether to file a pre‑contractual appeal.

The standstill period is short, typically 10 calendar days for above‑EU‑threshold procurements, so the decision to file must be made within the first few days.

Step 2, File a pre‑contractual appeal with the Single Authority for Public Procurement

For contracts above the EU thresholds, the pre‑contractual appeal is filed with the Single Authority for Public Procurement (EADISY). This is a mandatory administrative remedy that must be exhausted before judicial review. The appeal is submitted electronically and must specify the challenged act (e.g., the award decision), the factual grounds, the legal basis citing the relevant provisions of Law 4412/2016 as amended, and the relief sought (annulment of the decision, re‑evaluation, or exclusion of the winning bid).

The appeal triggers an automatic suspension of the award: the contracting authority is prohibited from signing the contract until EADISY issues its decision. This suspension of award is one of the most powerful tools available to a bidder, because it preserves the status quo and prevents the authority from creating a fait accompli through early contract execution.

EADISY examines admissibility first, standing, timeliness, and proper form, then proceeds to the merits. The Authority’s decision is typically issued within 20 working days, though complex cases may take longer. If the appeal is upheld, EADISY may annul the award decision, order re‑evaluation, or direct the authority to take corrective action. If dismissed, the bidder may proceed to judicial review.

For contracts below EU thresholds, the appeal route differs: challenges are typically brought as an objection (enstasi) to the contracting authority itself, with subsequent recourse to the administrative courts. The Single Authority generally does not handle below‑threshold appeals unless specific provisions apply under Law 5218/2025.

Step 3, Request interim and suspension measures during standstill

While the standstill period in Greece operates as an automatic bar on contract signature once a pre‑contractual appeal is filed, bidders may need additional interim relief in certain circumstances, for example, where the authority indicates it intends to proceed under an urgency exception or where the contract has already been signed in breach of the standstill.

In such cases, the bidder applies to the competent administrative court for interim measures under Articles 372 et seq. of the Code of Administrative Procedure. The court examines whether the appeal is prima facie well‑founded, whether the balance of interests favours suspension, and whether irreparable harm would result from contract execution. Evidence required includes the appeal filing confirmation, the award decision, any correspondence showing the authority’s intent to proceed, and an affidavit setting out the harm the bidder will suffer. Courts in Athens have granted interim suspension orders within days in urgent cases.

Step 4, Bring an administrative court challenge

Once EADISY has issued its decision, whether favourable or adverse, either party may seek judicial review before the competent administrative court. For above‑EU‑threshold contracts, jurisdiction typically lies with the Administrative Court of Appeal (and, on points of law, the Council of State). Below‑threshold disputes are heard by the Administrative Court of First Instance.

The application for annulment must be filed within 60 days of notification of EADISY’s decision. Grounds for annulment include errors of law, misapplication of the evaluation criteria, procedural irregularities and manifest errors of assessment. The court may annul the award, the contract (if already signed in limited circumstances), or EADISY’s decision itself. Interim relief, including suspension of the contract, remains available at the judicial stage and may be sought simultaneously with the annulment application.

Step 5, Pursue damages and enforcement

Where the contract has been signed and annulment is no longer practical, or where the bidder has suffered loss regardless of the outcome, a separate damages claim may be brought before the administrative courts. The bidder must prove the unlawfulness of the authority’s act, a causal link, and quantifiable loss (typically bid preparation costs and, in some cases, lost profits). Damages claims follow the general limitation rules for state liability and may take several months to years to resolve.

Required Documents for a Procurement Challenge in Greece

Assembling the correct documents at the outset is critical. Incomplete filings risk dismissal on admissibility grounds. The table below consolidates the documents needed for both the Single Authority appeal and any subsequent court proceedings.

Timeline and Key Deadlines for a Public Procurement Challenge in Greece

Deadlines are the single most important variable in a procurement challenge. Missing the standstill period in Greece by even one day will typically render an appeal inadmissible. The table below sets out the critical timelines as they apply following the entry into force of Law 5218/2025 and the 2026 EU threshold update. Where relevant, pre‑2025 rules are noted for comparison.

The timeline to appeal an award is compressed. In practice, a bidder receiving an award notification on a Monday for an above‑EU‑threshold contract must have its appeal filed with EADISY by the following Thursday. Counsel should be engaged, and ideally the appeal drafted, before the award notification arrives, especially in high‑value tenders where a challenge is foreseeable.

Where the contracting authority signed the contract in breach of the standstill, the bidder may seek a declaration of ineffectiveness of the contract before the administrative courts, subject to strict time limits. Early indications suggest that courts are applying these provisions rigorously, making timely filing of the appeal even more critical.

Costs, Fees and Tax Considerations

Costs vary by the value of the contract and the complexity of the challenge. The table below provides indicative ranges. All amounts should be confirmed with current fee schedules before filing.

Greek VAT at 24% applies to professional services including legal and expert fees. Bidders should budget for the total inclusive cost when deciding whether the economics of a challenge justify filing. In high‑value infrastructure or IT procurements, the cost of a challenge is typically a small fraction of the contract value.

What Changes in 2026: Law 5218/2025 and the EU Threshold Update

Law 5218/2025 introduced several operational changes to the procurement remedies framework that directly affect how to challenge a public procurement award in Greece from 2026 onwards. The key reforms, drawn from published commentary, include the following.

• Expanded electronic filing. EADISY appeals must now be submitted exclusively through the Authority’s electronic platform, replacing the previous dual paper‑and‑electronic system. This streamlines processing but requires bidders to register on the platform in advance.
• Strengthened automatic suspension. The law clarifies that the automatic suspension of contract signature upon filing an appeal applies without exception for above‑EU‑threshold contracts. Any attempt by the contracting authority to sign during the suspension is void.
• Accelerated EADISY decisions. Law 5218/2025 introduced stricter timeframes for EADISY to render its decision, reinforcing the 20‑working‑day target and creating administrative consequences for delays.
• Revised below‑threshold challenge rules. Certain below‑threshold contracts are now subject to EADISY review where previously they were not, expanding the scope of the administrative remedy.
• Integrity and anti‑corruption provisions. The reforms align with Greece’s Code of Conduct for integrity in public procurement, requiring contracting authorities to document evaluation decisions more transparently, which in turn gives challengers better access to evidence.

Separately, the EU procurement threshold update effective 1 January 2026 raised the values at which the full EU‑regime rules (including the 10‑day standstill and EADISY appeal route) apply. For central government works contracts, the threshold stands at approximately €5,538,000; for supplies and services, approximately €143,000 (central government) and €221,000 (sub‑central). Contracts that previously fell above the EU threshold may now fall below it, potentially shifting them to the lighter national review procedure. Bidders should verify the applicable regime for each tender before selecting their challenge route.

Common Pitfalls and How to Avoid Them

• Missing the standstill deadline. The 10‑day window is unforgiving. Start drafting the appeal before the formal notification arrives if a challenge is anticipated. Calendar the deadline from the notification date, not from the debriefing response.
• Failing to preserve e‑procurement timestamps. ESIDIS records are the primary evidence of bid submission and notification dates. Download and screenshot all platform records on the day of notification, they may become inaccessible or altered later.
• Incomplete power of attorney. Foreign bidders frequently submit POAs that lack apostille, notarisation or certified Greek translation. EADISY will reject the appeal on admissibility grounds. Prepare the POA in advance and keep it current.
• Cherry‑picking evidence. Filing an appeal based on selective evidence while ignoring parts of the evaluation report that support the authority’s decision undermines credibility. Present the full evaluation record and annotate the specific errors or inconsistencies.
• Not requesting interim suspension. Even though the automatic standstill suspends contract signature upon appeal, bidders should explicitly request interim relief if there is any indication the authority may attempt to proceed. An explicit suspension application strengthens the legal record.
• Signing a subcontract or partnership agreement with the winner. In some cases, losing bidders accept subcontracting roles without realising this may be interpreted as acquiescence to the award, weakening or extinguishing their standing to challenge.

Sources

1. Zepos & Yannopoulos (Zeya), Reforming Greece’s Public Procurement Framework: Key Takeaways from Law 5218/2025
2. Gov.gr, Differentiation of Contract Award Rules Depending on Type of Public Procurement
3. ICLG, Greece: Public Procurement Laws and Regulations (2026)
4. Legal 500, Greece: Public Procurement Guide
5. OECD, Managing Public Procurement Risks in Greece (2025)
6. AEAD, Code of Conduct for Integrity in Public Procurement in Greece (2025)
7. MAPS Initiative, Greece Assessment Main Report