Unlawful Practices in Requiring Documents as Non-Price Criteria and the Lessons to Be Drawn

01 July 2026

Decision E:2026/2724, K:2026/970 of the 13th Chamber of the Council of State establishes that, in catering service tenders including materials, provisions awarding points for documents as non-price criteria must be reviewed not only as to whether they constitute a qualification criterion, but also as to their connection with the subject matter of the tender, their accessibility within the sector and their effect on competition. Documents carrying points may directly affect the outcome of a tender even where they are not a ground for elimination.