Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance)
- In force
- CELEX number: 32009L0081
- Official Journal: JOL_2009_216_R_0076_01
- Form: Directive
- Procedure number: 2007/0280(COD), 2007/0280/COD
- Languages:
- bg
- cs
- da
- de
- el
- en
- et
- fi
- fr
- hr
- hu
- it
- lv
- lt
- mt
- nl
- pl
- pt
- ro
- sk
- sl
- es
- sv
Dates
Date of document: - July 13, 2009
- August 20, 2009
- August 21, 2009
- Entry into force - Date pub. + 1 See Art 74
- August 21, 2011
- At the latest See Art 72
Modified by
Modified by:
- Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC Text with EEA relevance - detail
- Commission Delegated Regulation (EU) 2021/1950 of 10 November 2021 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the thresholds for supply, service and works contracts (Text with EEA relevance) - detail
- Commission Delegated Regulation (EU) 2019/1830 of 30 October 2019 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the thresholds for supply, service and works contracts (Text with EEA relevance) - detail
- Commission Delegated Regulation (EU) 2023/2510 of 15 November 2023 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the thresholds for supply, service and works contracts - detail
- Commission Regulation (EU) No 1336/2013 of 13 December 2013 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of the application thresholds for the procedures for the awards of contract Text with EEA relevance - detail
- Commission Regulation (EU) No 1251/2011 of 30 November 2011 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the awards of contract Text with EEA relevance - detail
- Council Directive 2013/16/EU of 13 May 2013 adapting certain directives in the field of public procurement, by reason of the accession of the Republic of Croatia - detail
- Commission Regulation (EC) No 1177/2009 of 30 November 2009 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the award of contracts (Text with EEA relevance) - detail
- Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union (Text with EEA relevance) - detail
- Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC Text with EEA relevance - detail
- Commission Regulation (EU) 2015/2340 of 15 December 2015 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (Text with EEA relevance) - detail
- Commission Regulation (EU) 2017/2367 of 18 December 2017 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (Text with EEA relevance. ) - detail
All documents based on this document:
- Commission Regulation (EC) No 1177/2009 of 30 November 2009 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the award of contracts (Text with EEA relevance)
- Commission Implementing Regulation (EU) No 842/2011 of 19 August 2011 establishing standard forms for the publication of notices in the field of public procurement and repealing Regulation (EC) No 1564/2005 Text with EEA relevance
- Commission Regulation (EU) No 1251/2011 of 30 November 2011 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the awards of contract Text with EEA relevance
- Commission Regulation (EU) No 1336/2013 of 13 December 2013 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of the application thresholds for the procedures for the awards of contract Text with EEA relevance
- Commission Implementing Regulation (EU) 2015/1986 of 11 November 2015 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) No 842/2011 (Text with EEA relevance)
- Commission Regulation (EU) 2015/2340 of 15 December 2015 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (Text with EEA relevance)
- Commission Regulation (EU) 2017/2367 of 18 December 2017 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (Text with EEA relevance. )
- Commission Implementing Regulation (EU) 2019/1780 of 23 September 2019 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) 2015/1986 (eForms) (Text with EEA relevance)
- Commission Delegated Regulation (EU) 2019/1830 of 30 October 2019 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the thresholds for supply, service and works contracts (Text with EEA relevance)
- Commission Delegated Regulation (EU) 2021/1950 of 10 November 2021 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the thresholds for supply, service and works contracts (Text with EEA relevance)
- Commission Implementing Regulation (EU) 2022/2303 of 24 November 2022 amending Implementing Regulation (EU) 2019/1780 establishing standard forms for the publication of notices in the field of public procurement (Text with EEA relevance)
- Commission Delegated Regulation (EU) 2023/2510 of 15 November 2023 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the thresholds for supply, service and works contracts
- Commission Implementing Regulation (EU) 2023/2884 of 20 December 2023 amending Implementing Regulation (EU) 2019/1780 establishing standard forms for the publication of notices in the field of public procurement
Modifies
Modifies:
- Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors
- Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
Affected by case
- Judgment of the Court (Fourth Chamber) of 15 September 2022. Veridos GmbH v Ministar na vatreshnite raboti na Republika Bulgaria and Mühlbauer ID Services GmbH – S&T. Request for a preliminary ruling from the Varhoven administrativen sad. Reference for a preliminary ruling – Directive 2009/81/EC – Coordination of procedures for the award of certain works contracts, supply contracts and service contracts – Articles 38 and 49 – Obligation to verify whether an abnormally low tender exists – Criterion laid down by a piece of national legislation for assessing the abnormally low nature of a tender – Not applicable – Requirement that there be at least three tenders – Criterion based on the requirement that a tender be more than 20% lower than the mean value of the tenders submitted by the other tenderers – Judicial review. Case C-669/20.
- Order of the Court (Eighth Chamber) of 16 March 2023. ARMAPROCURE SRL v Ministerul Apărării Naţionale and BlueSpace TECHNOLOGY SRL. Request for a preliminary ruling from the Curtea de Apel Bucureşti. Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Public Procurement – Directive 2009/81/EC – Article 55(4) – Article 57(2) – Interest in bringing proceedings – Access to the review procedures – Tenderer excluded from a public procurement procedure by a decision of the contracting authority that has become final – National regulation depriving such a tenderer of access to a means of appeal – No interest in bringing proceedings. Case C-493/22.
- A55P4
- A57P2
- Case C-669/20: Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 8 December 2020 — Veridos GmbH v Ministar na vatreshnite raboti na Republika Bulgaria, Mühlbauer ID Services GmbH — S&T
- article 49
- article 38
Legal basis
- Treaty establishing the European Community (consolidated version) Part Three - Community policies TITLE III - Free movement of persons, services and capital Chapter 3 - Ser vices Article 55
- Treaty establishing the European Community (consolidated version) Part Three - Community policies TITLE III - Free movement of persons, services and capital Chapter 2 - Right of establishment Article 47
- Treaty establishing the European Community (consolidated version) Part Five - Institutions of the Community TITLE I - Provisions governing the institutions Chapter 2 - Provisions common to several institutions Article 251
- Treaty establishing the European Community (consolidated version) Part Three - Community policies TITLE VI - Common rules on competition, taxation and approximation of laws Chapter 3 - Approximation of laws Article 95
EuroVoc Vocabulary
- Award of contract
- General
- Provision of services
- Approximation of laws
- Services contract
- Works contract
- Public procurement in the European Union
- Administrative transparency
- Freedom of establishment
- Common security and defence policy
- Supplies contract