Inhalte
- Lower EU Thresholds from 2026: Increased Scope for EU-wide Procurement
- Regional Courts as Central Venue for Procurement Disputes
- VOB/A: Simplified Procedures for Small-scale Construction Contracts
- UVgO: Facilitations for Low-value Contracts
- Conclusion: More Clarity and Flexibility in Public Procurement Law
- Note:
Lower EU Thresholds from 2026: Increased Scope for EU-wide Procurement
Every two years, the thresholds for EU-wide procurement procedures are reviewed and adjusted. From 2026, lower thresholds will apply, resulting in more public contracts being subject to EU-wide tendering. Specifically, the following amounts now apply:
- For construction contracts, the threshold is now EUR 5,404,000.
- Supply and service contracts must be tendered EU-wide from EUR 216,000 (or EUR 140,000 for central government authorities).
- In the utilities sector, defence and security, and for concessions, the new threshold of EUR 5,404,000 applies for construction works and EUR 432,000 for supplies and services.
For companies, this means it is increasingly worthwhile to monitor EU-wide procurement procedures, as more contracts will fall under these rules.
Regional Courts as Central Venue for Procurement Disputes
A particularly practice-relevant change concerns judicial jurisdiction: With immediate effect, regional courts (Landgerichte) are responsible for all procurement disputes concerning primary protection in the sub-threshold sector and secondary protection in the above-threshold sector-regardless of the amount in dispute. This applies in particular to interim injunctions and claims for damages in connection with procurement procedures. In practice, this means a clear allocation of jurisdiction and greater specialisation of the judiciary. Companies and public contracting authorities should prepare for all procurement-related disputes to be heard before the regional courts in future.
VOB/A: Simplified Procedures for Small-scale Construction Contracts
There are also simplifications for the award of construction contracts. The value limits for simplified procurement procedures have been increased: direct awards are now possible up to EUR 50,000, negotiated procedures without competition up to EUR 100,000, and restricted tenders without a competitive procedure up to EUR 150,000. The previous distinction by trade has been abolished, significantly simplifying application. For contracting authorities, this means more flexibility and less bureaucracy for smaller construction projects.
UVgO: Facilitations for Low-value Contracts
For sub-threshold procurement, it remains possible to award contracts directly up to a value of EUR 15,000. The relevant administrative regulations have been extended. It remains important that the principles of transparency, competition, and cost-effectiveness are observed even for direct awards. In addition, the requirements for corruption prevention continue to apply.
Conclusion: More Clarity and Flexibility in Public Procurement Law
The current changes in procurement law bring more clarity, flexibility, and efficiency-but also new challenges. Public contracting authorities and companies should familiarise themselves with the new rules at an early stage to participate in procurement procedures in a legally compliant and successful manner.
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