In recent months, our firm has been assisting Chinese clients in entering public procurement tenders within the European Union, particularly in the public transport sector. However, a recent ruling by the Court of Justice of the European Union (CJEU) significantly impacts this market and directly affects contractors from outside the EU, including China.
The CJEU’s October 2024 judgment (C-652/22) has clarified that contractors from countries without specific reciprocal agreements with the EU, such as China, may face restrictions or even exclusion from EU public procurement procedures. This ruling, based on Directive 2014/25/EU, underscores that without such agreements, non-EU companies may not receive the “no less favorable treatment” guarantee and could be restricted by individual Member States from accessing EU tenders.
For Chinese construction and transport sector companies planning to expand their market in the EU, this presents both legal and strategic challenges. In response, our firm offers comprehensive legal support to navigate these regulatory changes, including potential partnership structures and compliance strategies. Our expertise ensures that clients are well-positioned to meet new EU public procurement requirements and pursue opportunities effectively under the current legal landscape.
For further details on how this ruling could impact your participation in EU tenders and how our legal team can support you, please contact us directly.
