DG REGIO Peer2Peer Public Procurement: another meeting within the framework of international cooperation

On October 22, another online meeting of the DG REGIO public procurement group took place, attended by an expert from the Centre for EU Transport Projects (CEUTP) and approximately 50 representatives from EU member state institutions involved in the management and control of EU-funded projects.

The meeting began with an introduction of key participants, including representatives from DG REGIO, PwC, and the so-called “Community Champions” — group leaders who, in collaboration with the participants, select topics for discussion and set the direction for future work.

The Community Champions are:

• Przemysław Ostrowski, representing CEUTP (Department of Control and Audit);
• Kristina Vasileva, representing the Bulgarian Ministry of the Interior;
• Yasen Markov, representing the Bulgarian Ministry of Transport and Communications;
• Antonija Ćurić, representing the Audit Authority of Croatia.

In the first part of the meeting, Przemysław Ostrowski from CEUTP discussed the latest case law from the Court of Justice of the European Union (CJEU) regarding public procurement. This included the case C‑820/24 “Strominator Elektro GmbH v Bundesimmobiliengesellschaft mbH”, in which the CJEU clarified the meaning of the term “during the term of” a public procurement contract. Also presented was the case C-888/24 “Adão da Fonseca-Engenheiros Consultores, Lda v Metro do Porto, S.A., Betar Consultores, Lda”, which concerns the relationship between a tenderer’s right to be heard and the principle of participant anonymity during an ongoing competitive procedure.

Next, the latest publications and information appearing on the websites of institutions involved in the public procurement system were presented, including:

• the European Commission’s newsletter, “The Public Procurement Gazette Newsletter”;
• public consultations regarding the first review of the functioning of the International Procurement Instrument;
• Guidelines for the responsible use of artificial intelligence in the work of an auditor (“La Instrucción 1/2026 para el uso responsable de la Inteligencia Artificial en el trabajo del auditor” – developed by the Spanish IGAE (Intervención General de la Administración del Estado).

Przemysław Ostrowski also presented examples from recent case law of the National Appeals Chamber (KIO 5144/25 of January 19, 2026) concerning the exclusion of an economic operator from a procurement procedure due to the failure to disclose an administrative penalty related to environmental protection.

Selected rulings from Spanish courts were also discussed:

• Resolución No. 1281/2026 of July 30, 2026, regarding the possibility of supplementing and clarifying the content of a submitted bid;
• Resolución No. 439/2026 of September 3, 2026, concerning the principle of separating bid evaluation criteria from the assessment of an economic operator’s reliability (selection criteria).

In the next part of the meeting, Yasen Markov and Przemysław Ostrowski discussed issues related to:

• European preferences;
• The importance of ensuring that the criteria and conditions applied in procurement procedures are linked directly or indirectly to the subject matter of the contract.

These topics were presented in the context of a draft new EU regulation on public procurement, intended to replace the current EU directives in this area (Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on public contracts and concessions, repealing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, and amending Regulations (EC) No 1370/2007, (EU) 2023/1542, (EU) 2024/1157, (EU) 2024/1252, (EU) 2024/1735, (EU) 2024/1781, (EU) 2024/2847, (EU) 2024/3110 and (EU) 2025/40, and Directives 2008/98/EC, (EU) 2019/882, (EU) 2022/2381, (EU) 2023/1791 and (EU) 2024/1760 (Public Procurement Act).

The final part of the meeting took the form of a discussion and a collective analysis of issues raised by the participants. Questions concerned, among other things, the use of trademarks when describing the subject matter of a contract, as well as the practical application of European preferences.

The event once again confirmed that the Peer2Peer initiative serves as a valuable platform for the exchange of knowledge and experience among representatives of public administration from EU Member States. With over 50 participants, an active discussion, numerous questions, and the opportunity to share best practices, the event underscored the need for continued meetings. This stems both from the necessity for an ongoing exchange of information regarding public procurement including case law, publications, and practical experience and from the need to continuously enhance the knowledge and competencies of the participants.

It is also worth noting that the materials from the Meetings including presentations, publications, legal acts, and case law are available on the following website:

REGIO Peer2Peer Communities | Futurium

(after creating an account and navigating to the group section: Public Procurement).