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.