EU-Wide Tenders in Public Procurement Law 2026
EU-wide tenders: the obligation to publish EU-wide once thresholds are reached – procedures, deadlines, the TED platform and legal basis.
Definition: EU-wide tenders are procurement procedures in which the estimated contract value exceeds the thresholds laid down by Union law and the public contracting authority is therefore required to publish the notice EU-wide via the Supplement to the Official Journal of the European Union (TED), so that undertakings from all Member States can participate on equal terms.
Last updated: January 2026 · Legal basis: Directives 2014/24/EU, 2014/25/EU, 2014/23/EU; BVergG 2018; GWB/VgV
Fundamentals of the EU-wide tendering obligation
The obligation to tender EU-wide is at the core of European procurement law and secures non-discriminatory access to the public procurement market for all undertakings in the EU single market. The European legislator recognised that public contracts represent a significant economic segment and that, without binding transparency rules, national markets could be closed off through favouritism towards domestic suppliers.
The tendering obligation arises as soon as the estimated total contract value (excluding VAT) exceeds one of the EU thresholds. These thresholds are adjusted by the European Commission every two years.
Current EU thresholds (2024/2025)
The EU thresholds determine the contract value from which an EU-wide notice and the full application of the EU procurement directives are mandatory.
| Type of contract | Public contracting authorities | Utilities contracting entities |
|---|---|---|
| Supply and service contracts | EUR 143,000 | EUR 443,000 |
| Supply and service contracts (subordinate authorities) | EUR 221,000 | – |
| Works contracts | EUR 5,538,000 | EUR 5,538,000 |
| Concession contracts | EUR 5,538,000 | EUR 5,538,000 |
Publication on TED
EU-wide notices are published exclusively via the TED platform (Tenders Electronic Daily), the official electronic publication system of the European Union. TED is the online Supplement to the Official Journal of the European Union and contains thousands of procurement notices each day from all EU Member States as well as from EEA states and other countries that have acceded to the GPA Government Procurement Agreement.
Contracting authorities transmit their notices via the eSenders system or directly via the EU's new eForms system (mandatory since October 2023). The system ensures standardised capture of all procurement-relevant data.
Procedure types in the above-threshold range
In the above-threshold range, public contracting authorities have several procedure types at their disposal, with the open procedure being the default.
- Open procedure (Art. 27 of Directive 2014/24/EU): any undertaking can submit a tender; no pre-selection.
- Restricted procedure (Art. 28): two-stage; first requests to participate, then invitation to tender to selected candidates (at least 5).
- Competitive procedure with negotiation (Art. 29): permitted where there is particular complexity or where only off-the-shelf solutions are available.
- Competitive dialogue (Art. 30): for particularly complex contracts where the contracting authority cannot define the technical specifications on its own.
- Innovation partnership (Art. 31): for research and development of innovative solutions.
Minimum deadlines in the above-threshold range
The EU directives prescribe minimum deadlines that ensure undertakings from all Member States have sufficient time to prepare their tenders.
| Procedure type | Minimum deadline (standard) | Minimum deadline (accelerated) |
|---|---|---|
| Open procedure – tender deadline | 35 days | 15 days |
| Restricted procedure – participation deadline | 30 days | 15 days |
| Restricted procedure – tender deadline | 30 days | 10 days |
Shortened deadlines are only permitted under narrow conditions (e.g. electronic availability of documents, prior publication of a PIN).
Differences from national tenders
Compared with national tenders in the below-threshold range, the above-threshold range is subject to significantly stricter formal requirements regarding publication, deadlines, documentation and legal remedies.
Below threshold, publication may be limited to national or regional platforms; procurement procedures may be simplified. Above threshold, all EU-law minimum requirements must be complied with strictly.
Legal remedies in the above-threshold range
In the above-threshold range, the Remedies Directive 89/665/EEC (as amended by Directive 2007/66/EC) applies, requiring Member States to provide effective, rapid and accessible review procedures. In Austria, this is the BVwG or the federal-state administrative courts; in Germany, the public procurement chambers and the higher regional courts as appeal courts.
FAQ
At what value must a contract be tendered EU-wide? From EUR 143,000 for supply and service contracts of the highest federal authorities, EUR 221,000 for subordinate authorities and EUR 5,538,000 for works contracts (as of 2024/2025).
Where are EU-wide tenders published? Exclusively on TED (Tenders Electronic Daily), the electronic Supplement to the Official Journal of the EU, accessible at ted.europa.eu.
Can undertakings from non-EU countries take part in EU-wide tenders? There is in principle no right to do so; however, undertakings from states that have acceded to the GPA Government Procurement Agreement (e.g. the USA, Japan, Switzerland) have market access rights.
What happens if a contracting authority circumvents the EU-wide tendering obligation? Overlooked tenderers can launch a review procedure. The European Commission can also bring infringement proceedings against the Member State concerned.
Last updated: January 2026 All information without warranty. For legally binding advice please consult a law firm specialising in public procurement.
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