What is Above-Threshold Procurement?
Above-threshold procurement covers procedures for contracts reaching or exceeding EU thresholds, with the strictest rules and comprehensive legal protection.
Current EU Thresholds (2024–2025)
| Contract Type | Threshold (net) |
|---|---|
| Works | €5,538,000 |
| Supplies/Services (general) | €221,000 |
| Supplies/Services (federal) | €143,000 |
| Utilities | €443,000 |
Applicable Law
Three-tier regime: GWB (principles, legal protection), VgV/VOB/A EU/SektVO (procedural details), EU Directives (framework).
Procedure Types
Open procedure, restricted procedure, negotiated procedure, competitive dialogue, and innovation partnership.
Contracting Authority Obligations
EU-wide publication on TED, minimum deadlines (30–35 days), fully electronic communication, standstill period before award (§ 134 GWB), and detailed documentation.
Legal Protection
Key difference from below-threshold: access to procurement chambers, suspensive effect (no award during review), and immediate complaint to Higher Regional Court.
Threshold Calculation
Net value without VAT, total value over contract duration including options. Artificial splitting to stay below thresholds is prohibited (§ 3 VgV).
Practical Tip
Above-threshold procurements offer the best legal protection. Patterno finds both above- and below-threshold procurements across 1.000+ platforms.