Austrian solution

The Supreme Administrative Court refused to grant interim relief. It referred to its jurisdiction concerning interims reliefs against decisions annulling the acceptance of tenders : In these cases the Court argued that granting suspense effect would mean that the acceptance that has declared void would get valid again. Granting interim relief would create a definitive acceptance and would jeopardize the review procedure to be carried out by the independent body foreseen in EU-law (in Austria : Bundesvergabeamt).
These arguments are valid for decisions declaring the nullity of tender procedures as well. An additional argument derives from the 3rd and 27th paragraph of the motives for Directive 2007/66/EC intending to ensure the guarantees of access to review procedures in a stage were mistakes can still be corrected and to strengthen national review procedures in general.