Grantor of the Concession in Procurement Law 2026

Definition: The grantor of the concession is the public contracting authority or utilities contracting entity that, in a concession award, transfers to a concessionaire the right to provide a works or services concession and to bear the economic operating risk in doing so.

Last updated: January 2026 · Legal status: Directive 2014/23/EU Articles 6–7; BVergG 2018 § 189; GWB § 149; KonzVgV § 2

---

What is the grantor of the concession?

The grantor of the concession stands on the contracting-authority side of a concession contract and is responsible for the proper conduct of the concession award procedure. Unlike a classic public contract, in which the contracting authority pays directly for a service, the grantor of the concession transfers to the concessionaire the right to exploit a service or infrastructure commercially and, with it, the associated operating risk.

Possible grantors of concessions are:

• Public contracting authorities (territorial bodies, legal persons governed by public law)
• Utilities contracting entities (undertakings in the energy, transport, water and postal services sectors)

Obligations of the grantor of the concession

In the concession award procedure, the grantor of the concession has specific obligations derived from the general principles of procurement law and from the specific law on concession awards.

• Transparency: concessions above the threshold value must be advertised in the Official Journal of the EU
• Equal treatment: all candidates and bidders must be treated equally
• Proportionality: the terms of the concession contract may not unreasonably restrict the market
• Limited duration: the duration of the concession is to be limited to the minimum necessary for amortisation
• Legal protection: the grantor of the concession must afford means of legal protection

Related terms

• Concession
• Concessionaire
• Concession Contract
• Concession Award Regulation

FAQ

Can a private company be a grantor of a concession? Yes, where it qualifies as a utilities contracting entity (e.g. a private energy supplier with special rights). In that case it is subject to the requirements of Directive 2014/23/EU.

Does the grantor of the concession have any influence over how the concessionaire performs the service? Yes. Through the concession contract, the grantor of the concession can – and indeed should – lay down quality standards, availability obligations and other requirements. A complete withdrawal of the grantor of the concession would be incompatible with the nature of the concession as a transfer of public service.

---

Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in procurement law.