EU thresholds 2026 and 2027

The threshold determines which law applies to a procurement. Above it, European procurement law applies, with publication in the EU's Official Journal and review proceedings before the public procurement tribunal (Vergabekammer). Below it, the Sub-threshold Procurement Regulation (UVgO), Part 1 of the Construction Contract Procedures (VOB/A) and state law apply, and your legal protection is considerably weaker. For you as a bidder, this is the first point you should clarify for every tender.

The thresholds for 2026 and 2027

The European Commission revises the thresholds every two years. The current thresholds have applied since 1 January 2026 and are lower than in the previous period. All figures are net values excluding VAT.

A second change concerns how the thresholds are published. Section 106(3) of the Act against Restraints of Competition (GWB), which provided for publication in the Federal Gazette (Bundesanzeiger), was repealed with effect from 1 July 2026. The EU delegated regulations now apply directly.

How the contract value is estimated

Whether a contract is above or below the threshold depends on the estimated contract value, not on the price actually paid later. The contracting authority makes the estimate at the time the contract notice is sent. The decisive figure is the total value excluding VAT, including all options and contract extensions.

For framework agreements, the estimated total value of all contracts over the entire term is used. For recurring contracts, either the actual value of comparable contracts over the past twelve months or the estimated value over the coming twelve months applies.

What is different above the threshold

The most important practical difference concerns your legal protection. Above the thresholds, you can initiate review proceedings before the public procurement tribunal. You first file a complaint with the contracting authority, and if it does not remedy the issue, you submit an application for review. As long as the proceedings are ongoing, the contract award may generally not be made.

Below the threshold, these proceedings do not exist. You must turn to the ordinary courts, and that route usually comes too late because the contract has already been concluded by then. Since 1 January 2026, the regional courts (Landgerichte) have had jurisdiction over sub-threshold procurement disputes regardless of the amount in dispute (Section 71(2) no. 8 of the Courts Constitution Act, GVG).

The second difference is visibility. Above the threshold, the contract must be advertised across the EU, the procurement appears in the EU's Official Journal and can be found in the TED database. Below it, whether the contract is advertised publicly at all depends on the procedure. In a restricted tender without a prior call for competition or a direct award, you only learn about the procurement if the authority approaches you.

What this means for you

For every tender, first check whether it lies above or below the threshold. This determines which deadlines apply, which evidence may be requested and whether you can defend yourself in a dispute. For contracts just below the threshold, it is worth checking whether the value has been estimated plausibly. If the actual value is clearly higher, the choice of procedure may be open to challenge.

For your market monitoring, this means: if you rely only on EU-wide contract notices, you see a small part of the market. The larger share of procurements, especially for small and medium-sized enterprises, takes place below the thresholds and is published on state and municipal portals.