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 finds that German law does not require contracting authorities to provide detailed information to tenderers after the conclusion of the contract, which is necessary to trigger the start of the shortened period for access to review. This complicates bidders decisions on whether and when to initiate a review. Secondly, the definition of contracting entity in German law lacks clarity, making it difficult to select the appropriate tendering procedures. Thirdly, German law does not mandate that contracting entities in the postal sector apply public procurement rules.

The Commission issued a first letter of formal notice in January 2019, followed by an additional letter in July 2019 and a reasoned opinion in July 2021. While some of the identified grievances have been resolved, the Commission considers that the efforts by the authorities have been insufficient so far and is therefore referring Germany to the Court of Justice of the European Union.

Background

Public procurement rules allow businesses to apply for access to public contracts and enable public authorities to find the best value for money when procuring goods, services, or works. Market competition ensures responsible spending of public funds. The provision regarding postal services ensures that contracting entities engaged in postal activities implement public procurement procedures if they meet relevant conditions. In July 2021, the Commission issued a reasoned opinion identifying several provisions in German law that do not comply with the directives.

The Commission has maintained regular contact with German authorities. Although some issues raised – such as the method for calculating the value of architectural service contracts – have been addressed, three out of the eight concerns outlined in the reasoned opinion remain unresolved. These unresolved issues continue to restrict both the scope of application and access to review procedures.

For More Information

EU infringement procedure 

Infringement decisions database and infringements map and graphs

June 2025 infringement package 

Infringement procedure Germany (INFR(2018)2272)