May an expert appraisal report be submitted instead of a capacity report?

Court:

Council of State

Case no. (E.):

2025/1356

Decision no. (K.):

2025/1557

Decision date:

04 February 2026

By its judgment of 16 December 2025 (case No 2025/2565, decision No 2025/3980), the 13th Chamber of the Council of State resolved an important dispute concerning proof by documents in public procurement. The judgment accepted that, where the tender documents require documents showing that the tenderer is the producer or manufacturer, an expert appraisal report issued by the relevant chamber may also be assessed within that scope where a capacity report cannot be issued.