(1) A public contract shall be deemed ineffective from the outset if the public contracting authority
1. has violated Section 134 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.
(2) Ineffectiveness pursuant to subsection (1) can be established only if this is claimed in review proceedings within 30 calendar days after the public contracting authority informs the affected candidates and 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 notice of the award in the Official Journal of the European Union.
(3) Ineffectiveness under subsection (1) no 2 shall not arise where
1. the public contracting authority holds the view that it is permissible to award the contract without prior publication of an announcement in the Official Journal of the European Union;
2. the public contracting authority has published an announcement in the Official Journal of the European Union, in which it expresses its intention to conclude the contract; and
3. the contract was not concluded before the expiry of a period of at least 10 calendar days from the day of publication of that announcement.
The announcement according to sentence 1 no 2 must include the name and contact data of the public contracting authority, the description of the contract subject matter, the justification for the decision of the contracting authority to award the contract without prior publication of an announcement in the Official Journal of the European Union, and the name and contact data of the undertaking that is to be awarded the contract.
Subdivision 1
Award of Public Contracts by Sector Contracting Entities