When and how must a sample be declared and delivered in a tender?

Court:

Council of State

Case no. (E.):

2025/1356

Decision no. (K.):

2025/1557

Decision date:

05 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 removed an important uncertainty as to the stage at which samples must be declared and delivered in public procurement. The judgment held that, where the tender documents do not clearly regulate the manner and time of submission of the sample, a declaration at the bidding stage is sufficient and the obligation to deliver the sample arises only for the economically most advantageous tenderer.