Read the decision and comparison right away
The procurement decision comes with reasons and appeal instructions. The appeal period starts to run from when you have received the decision, its reasons and the appeal instructions in writing or electronically. Note the date down immediately.
Check whether the comparison was made according to the comparison criteria and weightings stated in the request for tenders, whether the winner met the suitability and minimum requirements, and whether your own tender was scored correctly. If necessary, ask to see the comparison table and the winning tender's documents. Parts marked as trade secrets are usually not disclosed to other tenderers.
Procurement rectification: free first aid
If the error is clear, for example a calculation error in the scoring or the acceptance of a tender that does not comply with the invitation to tender, the first remedy is a request for procurement rectification to the contracting authority. It is free of charge and must be made within 14 days of receiving notice of the decision. The contracting authority can correct the erroneous decision itself.
The time limit for appealing to the Market Court is also 14 days. Don't wait for the decision on the procurement rectification; check the appeal instructions to see how the deadlines run, and prepare the appeal in parallel if necessary so you don't lose the chance to appeal.
Appeal to the Market Court
An appeal to the Market Court must be filed within 14 days of the procurement decision being notified. Before appealing, the appellant must notify the contracting authority in writing of its intention to bring the matter before the Market Court. The appeal is made in writing, and trade secrets must be clearly marked already in the appeal and its annexes, because the proceedings are largely public.
The Market Court's processing fee from 1.1.2026 is 2 440 euros when the value of the procurement is under one million euros. For larger procurements the fee is 4 880 euros, and for procurements of at least 10 million euros 7 300 euros. If the matter lapses or is withdrawn, the fee is 500 euros. The losing party may be ordered to pay the other party's legal costs if it would be unreasonable for that party to bear them itself.
Waiting period and interim orders
In EU procurements the contracting authority must wait 14 days before it concludes a contract with the winner. This standstill period gives losing tenderers an opportunity to react. Signing the contract does not prevent an appeal filed within the deadline from being heard, but it can limit the remedies available to the Market Court.
During processing, the Market Court may prohibit the implementation of a decision or temporarily suspend the procurement. Prohibitions and obligations to correct can be reinforced with a conditional fine.
A good appeal specifies what is demanded, which part of the procurement procedure the error relates to and how it affected the outcome. The attachments include the procurement decision, the request for quotation and the comparison data, as well as other documents on which the appeal is based.
What the Market Court can order
The Market Court may annul the contracting authority's decision in whole or in part, prohibit the use of an erroneous document provision or procedure, and oblige the authority to correct the erroneous procedure. It may also order a compensatory payment to a tenderer who would have had a genuine chance of winning in an error-free procedure.
In procurements exceeding the EU threshold, ineffectiveness sanctions, penalty payments and shortening of the contract term are also possible. Damages are claimed from the district court, not the Market Court. In an EU procurement the contracting authority may not conclude a contract while an appeal is pending in the Market Court.
How long processing takes
The Market Court decided procurement cases in 2025 in 4.6 months on average. 447 cases were received, 456 were decided, and 128 were pending at the end of the year. A Market Court decision can be appealed to the Supreme Administrative Court within 30 days, but this requires leave to appeal, except in decisions concerning penalty payments.
Proceedings are usually in writing. The contracting authority gives a response, and the appellant may be given an opportunity for a rejoinder.
Is it worth complaining?
Even a lost bid has value in the feedback. Compare your own scores with the winner's scores criterion by criterion and ask the contracting authority what was decisive. The information helps you price and write the quality section better next time, when the same contracting authority tenders the same service.
Before appealing, weigh the costs, time and client relationship. An appeal can be justified when the error has affected the outcome and the procurement matters to your company. Otherwise it is often more useful to ask for feedback, fix the weaknesses of your own tender and take part in the next tendering round. For a legal assessment, turn to a lawyer experienced in procurement. The local associations of the Federation of Finnish Enterprises (Suomen Yrittäjät) also offer procurement advice. You can find upcoming tenders and procurement deadlines in Tender Radar.
Frequently asked questions
How much does a procurement rectification cost?
A request for rectification to the contracting authority is free of charge. It must be made within 14 days of receiving notice of the decision.
How much does it cost to appeal to the Market Court?
The handling fee is €2,440 for procurements under one million euros, €4,880 for larger ones and €7,300 for procurements of at least 10 million euros. In addition, your own and the opposing party's legal costs may arise.
What is a compensatory payment?
A compensatory payment ordered by the Market Court to a tenderer who would have had a genuine chance of winning in an error-free procedure. It comes into question, for example, when the contract has already been concluded.
How long does it take to process an appeal?
The Market Court decided procurement cases in 2025 in 4.6 months on average. A further appeal to the Supreme Administrative Court requires leave to appeal.
Calculate it yourself
Ready-made tools
- Bid package for public procurement · Tender template, eligibility checklist and pricing calculator
- Sales pipeline and lead tracking · Leads, stages, probability and forecast sales
Sources
- Market Court: Procurement cases
- Market Court: Costs of proceedings
- Market Court: Work statistics for 2025
- Federation of Finnish Enterprises: Procurement advice (Espoon Yrittäjät)
- Finlex: Procurement Act 1397/2016
The article is general information and does not replace the guidance of an authority, a lawyer or an adviser. Check up-to-date information from the sources.