Council of State: documents requested at the contract stage must comply with the principle of competition

Court:

Council of State

Case no. (E.):

2025/1045

Decision no. (K.):

2025/3407

Decision date:

06 February 2026

By its judgment of 5 November 2025 (case No 2025/1045, decision No 2025/3407), the 13th Chamber of the Council of State clarified the limits of the documents that may be requested at the contract stage in public procurement. The judgment emphasised that requiring documents which could not be foreseen as obtainable before the date of the tender notice and which are not of a standard nature is contrary to the principle of competition, even at the contract stage.