ΕΑΔΗΣΥ: what it does, what it costs you and how to appeal to it

What it is

The Hellenic Single Public Procurement Authority (ΕΑΔΗΣΥ) was established by Law 4912/2022 (Government Gazette A 59 of 17 March 2022) by merging two earlier authorities: ΕΑΑΔΗΣΥ, which supervised and regulated public procurement, and ΑΕΠΠ, the Authority for the Examination of Pre-judicial Appeals. It is an independent authority and combines three roles that directly concern the supplier.

• Regulatory. It issues the standard tender templates that contracting authorities must use, guidance notes on applying Law 4412/2016 and opinions on draft legislation.
• Supervisory. It monitors the procurement market, gives its assent to negotiated procedures without publication above the EU thresholds and keeps ΚΗΜΔΗΣ jointly with the General Secretariat for Information Systems.
• Adjudicatory. It examines the pre-judicial appeals of economic operators against acts of contracting authorities before any court action.

The standard templates

ΕΑΔΗΣΥ publishes separate sets of templates for supplies, services, works, studies and design-and-build. Each set includes the tender document template, the table of means of proof, the draft contract, the integrity declaration and the personal data notice. The supplies and services templates were updated in September 2025 and the works templates in spring 2026.

For the supplier this means the structure of every tender document is predictable. Selection criteria are always in the same paragraph, exclusion grounds in the same section, means of proof in the same table. Anyone who has read one template carefully knows where to look in every subsequent one, and spots the deviations immediately, which are often also the points of friction.

The 0.1% levy

Every contract worth more than 1,000 euros excluding VAT, from any funding source, bears a levy of 0.1% on the net value in favour of ΕΑΔΗΣΥ (article 350 of Law 4412/2016, as replaced by article 7 of Law 4912/2022). The levy is withheld by the contracting authority from each payment and bears stamp duty of 3% and a 20% ΟΓΑ surcharge on the stamp duty. The total cost to the contractor is about 0.104% of the net value. It applies to contracts signed from 30 September 2022. Older contracts bear the previous levies for ΕΑΑΔΗΣΥ (0.06%) and ΑΕΠΠ (0.07%).

The amount is small, but it belongs in your pricing together with the other deductions from payment.

The pre-judicial appeal

Any economic operator with a legitimate interest may challenge an act or omission of the contracting authority in a tender above 30,000 euros with a pre-judicial appeal before ΕΑΔΗΣΥ (articles 360 and following of Law 4412/2016). The appeal is a mandatory stage: without it you cannot go to court.

What can be challenged

Terms of the tender documents you consider unlawful or tailored, the rejection of your bid, the acceptance of a competitor's bid that should have been rejected, the award, the cancellation of the tender.

Deadlines

The deadlines are strict. A late appeal is dismissed without examination of the merits, and a term of the tender documents not challenged in time binds everyone.

Fee

For the appeal to be admissible a fee of 0.5% of the estimated contract value excluding VAT is paid, with a minimum of 600 and a maximum of 15,000 euros (article 363). If you challenge a lot, it is calculated on the value of the lot. It is refunded if the appeal succeeds in whole or in part, or if the authority revokes the act before the decision.

How it is lodged

It is filed electronically through ΕΣΗΔΗΣ, on a standard form, and notified to the other participants, who may intervene. The contracting authority forwards the file and its views to ΕΑΔΗΣΥ. The case is examined by a panel of the Authority at a hearing set within 40 days of filing, and the decision is issued within 20 days of the hearing. In practice allow about two months.

What the appeal achieves

While the appeal is pending the authority cannot sign the contract. The appeal deadline and the pendency of the appeal automatically bar signature, with no separate application for suspension. If the appeal succeeds, ΕΑΔΗΣΥ annuls the act and the authority must comply: repeat the evaluation, accept your bid or amend the tender documents.

After ΕΑΔΗΣΥ

Whoever is dissatisfied with the Authority's decision, the appellant or the contracting authority, may file an application for suspension and annulment before the Administrative Court of Appeal of the authority's seat, and for the largest contracts, with an estimated value above 15 million euros, before the Council of State (article 372). Court action does not by itself suspend the signing of the contract; an interim order or court decision is required.

When an appeal is worth it

An appeal costs the fee, lawyer's fees and two months. The Authority's statistics show a substantial success rate, especially for appeals against rejection of bids on formal grounds that could have been completed under article 102, and against tailored technical specifications. By contrast, appeals against the scoring of qualitative criteria rarely succeed, because the Authority does not substitute its own judgement for the committee's. Before appealing, ask the authority for the full committee minutes and the competitors' bids, which you are entitled to see.