Pursuant to Section 160 para. 3 sentence 1 GWB, an application is inadmissible if
1. the applicant became aware of the claimed violation of public procurement provisions before filing the application for review, but did not complain to the Contracting Authority within a time limit of 10 calendar days; the expiry of the time limit under Section 134 para. 2 GWB remains unaffected,
2. violations of public procurement provisions which become apparent from the tender notice are not notified to the Contracting Authority by the end of the time limit for the submission of a tender specified in the notice,
3. violations of public procurement provisions which only become apparent from the procurement documents are not notified to the Contracting Authority by the end of the time limit for the submission of a tender specified in the notice,
4. more than 15 calendar days have expired since receipt of notification from the Contracting Authority that it is unwilling to redress the objection.
Section 160 para. 3, sentence 1 GWB does not apply to an application for a declaration of the contract's invalidity pursuant to Section 135 para. 1, sentence 2 GWB. Section 134 para. 1, sentence 2 GWB remains unaffected.
Pursuant to Section 134 para. 1, sentence 1 GWB, contracting authorities shall inform the unsuccessful tenderers in text form and without delay of the name of the successful undertaking, the reasons for the rejection of their tenders and of the earliest date of the conclusion of the contract.
This shall also apply to candidates who were not informed of the rejection of their tenders before notification of the decision on the award was sent to the successful tenderers (Section 134 para. 1, sentence 2 GWB).
A contract may be concluded at the earliest 15 calendar days after the information pursuant to Section 134 para. 1 GWB has been sent. If the information is sent electronically or by fax, the standstill period shall be reduced to 10 calendar days. The standstill period shall begin on the day after which the Contracting Authority despatches the in-formation; the date of receipt by the tenderer and candidate in question shall be irrelevant (cf. Section 134 para. 2 GWB).
According to Section 135 para. 1 GWB, a public contract shall be deemed ineffective from the outset if the Contracting Authority
1. has violated Section 134 GWB or
2. has awarded the contract without prior publication or announcement in the Official Journal of the European Union without this being expressly permissible in accordance with the law and this violation has been ascertained in review proceedings.
Ineffectiveness pursuant to Section 135 para. 1 GWB can be established only if this is claimed in review proceedings within 30 calendar days after the Contracting Authority informs the affected tenderers concerning the conclusion of the contract, but at the latest six months after conclusion of the contract. If the Contracting Authority has published the award of the contract in the Official Journal of the European Union, the time limit for claiming ineffectiveness shall end 30 calendar days after publication of the no-tice of the award in the Official Journal of the European Union (cf. Section 135 para. 2 GWB).