Article 39Appeal procedure
1.In public tender procedures under Chapter II, candidates and tenderers may challenge in writing the ECB's decision to reject their application or tender within 15 days of receipt of the information specified in Article 34(3) or, if no information is requested, within 15 days of receipt of notification in accordance with Article 34(1). The appeal shall include all supporting information and reasoned objections.
2.The appeal shall be addressed by the ECB's Procurement Review Body (PRB). If the PRB considers that the decision to reject the appellant's application or tender infringes this Decision or general principles of procurement law it shall either order that the tender procedure or parts of it are repeated or take a final decision. Otherwise the appeal shall be rejected. The PRB shall notify the appellant in writing of its decision within 1 month following the receipt of the appeal. The decision shall state the reasons on which it is based.
3.The appeal shall not have suspensive effect. If deemed appropriate, the PRB may suspend the procurement procedure or the award of the contract.