Disproportionate Effort in Procurement Law 2026

Disproportionate effort: a procurement-law exception that exempts from formal requirements under certain conditions.

Definition: Disproportionate effort is a procurement-law concept that allows contracting authorities, under narrow conditions, to depart from certain procedural duties where compliance would be out of proportion to the purpose pursued or to the contract value.

Last updated: January 2026 · Legal basis: Article 22(1), second subparagraph, of Directive 2014/24/EU; § 53(3) VgV; § 83 BVergG 2018

What is disproportionate effort in procurement law?

The term "disproportionate effort" appears in procurement law in various contexts and always describes a situation in which complying with a rule would involve effort that is out of proportion to the benefit to be obtained. The principle of proportionality is one of the general principles of EU law and national administrative law, and it also limits the duties of contracting authorities and bidders in procurement law.

Areas of application

In procurement law, disproportionate effort is relevant in particular in the following contexts:

Exceptions from the e-procurement obligation

Under Article 22(1), second subparagraph, of Directive 2014/24/EU and § 53(3) VgV, contracting authorities may refrain from electronic submission of bids where this would require disproportionate effort – for example for highly specialised services that require physical models or samples.

Subsequent request for documents

Where bidder documents are missing, the contracting authority may refrain from a subsequent request if the effort involved would be out of proportion to the contract value or to the importance of the missing document.

Accessibility

Technical accessibility requirements may be waived where their implementation would constitute disproportionate effort.

Requirements imposed on bidders

Bidders too can invoke disproportionate effort where documentation requirements are out of proportion to the service being tendered.

Limits of the concept

Invoking disproportionate effort requires comprehensible, objective reasoning. A blanket invocation of excessive effort is insufficient under procurement law. The contracting authority must set out why, in the specific case, compliance with the rule is not reasonable.

The proportionality principle in procurement law

The proportionality principle generally requires contracting authorities to limit requirements (suitability criteria, technical specifications, security deposits) to what is objectively necessary. Excessive requirements unduly restrict competition and breach Article 18(1) of Directive 2014/24/EU.

Related terms

FAQ

Can a contracting authority simply claim that something involves disproportionate effort? No. Reliance on this exception must be documented and supported by comprehensible reasoning. Its justification will be reviewed in any review proceedings.

Does the principle of proportionality also apply to requirements imposed on bidders? Yes. Suitability requirements, technical specifications and award criteria must always be proportionate to the subject matter of the contract.

Last updated: January 2026 All information without guarantee. For legally binding advice, please consult a law firm specialised in procurement law.