What are
interim measures
Also known as: interim relief, interim injunction
Interim measures are court-ordered remedies that prevent a contracting authority from signing a contract until a court has assessed whether procurement rules have been violated. They represent the most powerful legal tool available to suppliers seeking to halt a tender procedure before the contract is finalised.
How do interim measures work?
If a supplier believes a contracting authority has breached procurement rules — for instance through errors in the award criteria or an unlawful direct award — they can apply to a court for interim measures. The court evaluates three main questions: whether there is a prima facie case that the rules were breached, whether there is urgency (a risk that the contract will be signed before the case is resolved), and whether the balance of interests justifies the intervention.
Under the EU Remedies Directive (89/665/EEC, as amended by 2007/66/EC), member states must ensure that effective interim measures are available to aggrieved tenderers. The application must be made before the contract is signed — once the contract is concluded, interim relief is no longer available. The standstill period is therefore the critical window for action.
For contracts above EU threshold values, a special rule applies: if the application is filed and served on the contracting authority before the standstill period expires, the authority's right to sign the contract is automatically suspended until the court has ruled on the matter.
Key considerations
- Timing: The application must be filed before contract signature — ideally within the standstill period
- Cost: Legal proceedings can be expensive, and the losing party typically bears the opponent's costs
- Risk: If the injunction proves unjustified, the applicant may be liable for damages caused by the delay
- Complaints boards are limited: Bodies like KOFA cannot halt contract signing — only courts can do so through interim measures
Tools like Cobrief help suppliers detect potential rule violations early in the process, giving them time to consider legal action within the standstill period.
Interim measures are a powerful but high-stakes remedy. They should be weighed carefully against the strength of the case, the costs involved, and the desired outcome — ideally with legal counsel experienced in procurement law.