Commission refers GERMANY to the Court of Justice of the European Union for incorrect transposition of the EU public procurement Directives

European Commission - Press release Commission refers GERMANY to the Court of Justice of the European Union for incorrect transposition of the EU public procurement Directives Brussels, 18 June 2025 Today, the European Commission has decided to refer Germany to the Court of Justice of the European Union for incorrect transposition of the EU public procurement Directives (Directive 2014/24/EU and Directive 2014/23/EU). First, the Commission considers that German law does not require from contracting authorities that they provide detailed information to tenderers after the conclusion of the contract to trigger the start of the shortened period for access to review. This makes it difficult for bidders to decide whether and by when to launch a review. Secondly, the definition of ‘contracting entity' in German law lacks clarity, complicating the selection of the appropriate tendering procedures. Thirdly, German law does not require contracting entities in the postal sector to apply public procurement rules. The Commission sent a first letter of formal notice in January 2019, followed by an additional letter of formal notice in July 2019 and a reasoned opinion in July 2021. Despite some of the identified grievances having been resolved, the Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Germany to the Court of Justice of the European Union. Background Public procurement rules allow businesses to apply...