Study on the enforcement of State aid rules by national courts

Open EU tender EC-COMP/2026/OP/0046 by the European Commission Directorate-General for Competition (DG COMP) for a Europe-wide study on enforcement of State aid rules by national courts covering cases since 1 January 2018. The estimated contract value is €600,000 and the planned contract duration is 15 months. Submissions must be made electronically via the EU Funding & Tenders Portal (eSubmission) by 1 September 2026, 16:00:59 (Brussels time). The contractor must map and analyse national case law, identify obstacles and best practices, and provide actionable recommendations for the Commission and national authorities; award criteria are quality (70%) and price (30%).

Tender summary

What is funded

A contract to deliver a Europe-wide study mapping national court case law on State aid since 1 January 2018, assess how State aid rules are applied by national courts, identify obstacles and best practices, and provide recommendations for Commission and national action.

Estimated value and duration:Estimated overall contract amount €600,000; planned contract duration about 15 months. ¹

1. 1Who can apply: legal entities and consortia able to bid for EU public tenders (consultancies, research organisations, law firms) via the Funding & Tenders Portal using eSubmission.
2. 2Lead contracting authority: European Commission, DG COMP (Directorate-General for Competition).
3. 3Procedure: procurement tender EC-COMP/2026/OP/0046 with submission required electronically; key award criteria: quality 70% / price 30%.

Tender documents (invitation, specifications, draft contract and annexes) are published on the EU Funding & Tenders Portal tender page for EC-COMP/2026/OP/0046; applicants must follow the portal submission and selection requirements.

Footnotes

1. 1Official tender page and documents: Tender details.

Opportunity summary

Type:Tender (procurement of services) issued by the European Commission, DG COMP. Call identifier EC-COMP/2026/OP/0046. Objective: commission a comprehensive study on the enforcement of State aid rules by national courts in the European Union, providing a state of play since 1 January 2018, identifying obstacles and good practices at national level and producing recommendations for actions at Commission and national level to improve effectiveness and uniformity of State aid enforcement.

Estimated contract value:€600,000 (estimated overall contract amount) ¹.

Duration and planned period:Planned contract duration 15 months. Tender validity period indicated as 9 months in procurement metadata.

Key deadlines and dates:Submission deadline (closing date): 1 September 2026, 16:00:59 Europe/Brussels. Open tender event (possible clarification/opening): occurrence 2 September 2026 10:00 (local). Additional information request period end date: 21 August 2026. Invitation and procurement documents published 12 June 2026.

Procurement and submission details

Submission method:Electronic submission via the Funding & Tenders Portal eSubmission system. Submission method code: ESUBMISSION. The procurement procedure and all official tender documents (invitation to tender, tender specifications, draft contract and annexes) are published on the portal. The procurement is a service contract under CPV 79410000 (research and development services).

Documents available:Published procurement documents include: Invitation to tender (EN-Invitation_to_tender_EC-COMP2026OP0046), Tender specifications (State Aid enforcement study - tender specifications), Draft direct service contract, Annex 1 List of documents to be submitted, Annex 3 Power of Attorney, Annex 4 List of subcontractors, Annex 5.1 Commitment letter by an identified subcontractor, Annex 5.2 Commitment letter by an entity on whose capacities is being relied, Appendix 2 Security requirements, Declaration on honour (tender), annex-vat. These documents set out the submission requirements, selection and award criteria, and contract conditions.

Who may apply and eligible applicant types

The tender is open to legal entities capable of entering into an EU service contract and meeting the selection and exclusion criteria set out in the tender documents. Typical eligible applicant types include consultancies, law firms, economic research institutes, universities, interdisciplinary research teams, nonprofit policy research organisations, and combinations of such entities. Subcontracting is allowed and commitment templates are provided (Annex 4; Annex 5.1; Annex 5.2). The procurement metadata indicates SME suitability flag as false, so the tender is not restricted to SMEs only; both larger organisations and SMEs may compete provided they satisfy the requirements in the procurement documents.

Consortium and subcontracting rules:Procedure: Single contract awarded to one economic operator (single contractor). The documentation allows the lead tenderer to rely on capacities of subcontractors and/or entities on whose capacity it relies; relevant commitment letters and list of subcontractors are included as annex templates. Therefore tenders can be submitted by single entities or by a lead organisation coordinating subcontractors or partners, but the awarded contract will be with a single contracting party.

Scope and expected deliverables

Geographic scope:European Union national courts. The study will cover national court cases concerning State aid enforcement since 1 January 2018 (i.e. all relevant national case law produced after the last study commissioned by the Commission). The contractor must map, analyse and synthesise national court practice on State aid across Member States, identify obstacles and best practices at national level, and provide actionable recommendations for the Commission and national authorities to enhance effectiveness and uniform application of State aid enforcement.

Main activities likely required:Comprehensive collection and review of national court decisions and case law since 1 January 2018; legal and economic analysis of how State aid rules are applied and enforced before national courts; identification and classification of obstacles (procedural, substantive, evidential, institutional); extraction of best practices; stakeholder consultation and validation (including Member State authorities, national judges, court practitioners, Commission services); drafting of the study, executive summary and policy recommendations; provision of supporting data annexes and searchable case database or case inventory if requested in tender specifications.

Target sectors and thematic focus

Primary thematic sector:public law and competition policy (State aid enforcement). Secondary themes: judiciary practice, administrative law, regulatory governance, legal compliance, public procurement interaction where applicable, and economic assessment of State aid effects. The study is cross-sectoral in that it will cover State aid cases arising in any economic sector where national courts have considered State aid issues.

Selection and award criteria

Award criteria metadata:quality 70% and price 30% (weighting indicated in procurement project lot metadata). Tender specifications provide the detail of technical and administrative selection criteria, required experience, team composition, key experts, references, and templates for supporting documents (declaration on honour, power of attorney, subcontractor commitment letters, VAT annex). Bidders must consult the tender specifications for the full list of selection and exclusion grounds, requested documents, and scoring methodology.

Application and evaluation process

1. 1Prepare tender dossier according to Annex 1 List of documents to be submitted and the tender specifications (technical offer, financial offer, supporting documents).
2. 2Submit electronically through the Funding & Tenders Portal by the closing date 1 September 2026 16:00:59 CET (eSubmission).
3. 3Administrative and eligibility check against exclusion and selection criteria by contracting authority.
4. 4Evaluation of technical proposal (quality, methodology, team, approach) and financial proposal according to published award criteria and weightings.
5. 5Contract award decision and signature of direct service contract. Open tender event 2 September 2026 may be used for clarification or opening procedures.

Number of application stages:Typically three main stages (submission, evaluation, award). The tender metadata also records an additional clarification period and an open tender event; bidders should allow for these steps in their planning.

Funding type, co-funding and nature of support

Funding type:procurement / service contract (the Commission will pay fees under a direct service contract). Nature of support: monetary payment to the awarded contractor under the contractual terms (service contract). Co-funding requirement: No co-funding by the bidder is required or mentioned in the procurement metadata; the contract will remunerate the services in line with contract terms. Subcontractors are permitted but costs must be included in the tender price and comply with contract rules.

Eligibility geographic scope and contracting authority

Beneficiary scope (geographic eligibility):Entities able to contract with the European Commission; the study covers EU Member States national courts. The contracting authority is the European Commission, Directorate-General for Competition (DG COMP). Bidders from EU Member States and third countries that meet the procurement rules for contracting with the Commission may participate where permitted by the tender specifications; bidders must consult the tender documents for any nationality or establishment requirements.

Project maturity and expected profile

Project stage expected:evidence-based research and analysis. The study requires advanced legal and economic expertise, experience with State aid law, court practice, and comparative legal analysis. Expected maturity: research and analysis (desk research and stakeholder consultation), leading to validated recommendations and deliverables suitable for policy use.

Templates and application structure

Tender documentation provides templates and annexes bidders must use. Key templates and their purposes: Annex 1 List of documents to be submitted (specifies required administrative and technical documents), Tender specifications (details the structure of the technical offer, expected content, format and page limits, description of required deliverables, methodology and work plan), Draft direct service contract (shows contractual clauses, payment schedule, reporting obligations, intellectual property and confidentiality), Annex 3 Power of Attorney (if signing by representative), Annex 4 List of subcontractors (listing all subcontracting entities and roles), Annex 5.1 and 5.2 Commitment letters (to be signed by identified subcontractors or entities whose capacities are relied upon), Declaration on honour (exclusion and eligibility), Appendix 2 Security requirements, annex-vat form. Bidders must follow the submission checklist in Annex 1 and use the specified forms.

Success rates and competitive context

The tender metadata does not specify historical success rates or the number of expected bidders. As an EU DG procurement open to experienced legal and research providers, competition may be significant among consultancies, academic teams and law firms with relevant State aid expertise. No quantitative success rate is provided in the documentation.

Co-funding and financial conditions

Co-funding:Not required. The contract will remunerate the contractor in accordance with the draft direct service contract. Financial offers must respect the rules in the tender specifications and include all costs, including subcontractor costs. VAT treatment is addressed in the annex-vat document.

Main CPV and procurement classification

Main CPV:79410000 (research and development services). Procurement nature: services (research/analysis study).

Mentioned countries and region

The study covers national courts in the European Union (EU Member States). No specific Member State is singled out in the procurement metadata; the geographic focus is EU-wide.

Practical notes for bidders

1. 1Carefully read the Tender specifications and Draft Direct Service Contract to understand deliverables, reporting, IP and confidentiality conditions.
2. 2Use the Annex templates (Annex 1, Annex 3, Annex 4, Annex 5.1, Annex 5.2, Declaration on honour) when preparing submission to ensure compliance with administrative requirements.
3. 3Ensure the proposal demonstrates high-quality legal and economic expertise, comparative jurisprudence research capability, and proven experience with State aid or competition law studies since 2018.
4. 4Include a clear methodology for identifying, collecting and analysing national case law, and a quality assurance plan for accuracy and comparability across Member States.
5. 5Prepare a realistic work plan and budget consistent with the 15-month planned period and the estimated contract value of €600,000.

Contact and source

Procurement portal listing and full documentation are available on the European Commission Funding & Tenders Portal. The lead contracting authority: European Commission, DG COMP - Competition. Full contract notice and documents were published on 12 June 2026 ¹.

Structured answers to requested categorisation fields

1. 1Eligible Applicant Types: Consultancies, law firms, research institutes, universities, nonprofit policy research organisations, interdisciplinary research teams, individual experts engaged through an eligible legal entity, and other organisations legally able to contract with the European Commission. Subcontractors permitted; commitment templates provided.
2. 2Funding Type: Procurement / service contract (direct service contract) — the Commission will pay for the study under contract terms.
3. 3Consortium Requirement: Single contracting party to be awarded the contract; however, lead bidders may present subcontractors or entities on whose capacities they rely. Tender allows partnership structures but contract will be concluded with one contractor.
4. 4Beneficiary Scope (Geographic Eligibility): European Union focus. Bidders must be entities eligible to sign an EU contract; the study covers national courts in EU Member States.
5. 5Target Sector: Competition policy / State aid law; legal research and economic analysis related to public law and competition enforcement. Cross-sectoral relevance to any sector where State aid occurs.
6. 6Mentioned Countries: European Union (no individual Member States listed in the procurement metadata).
7. 7Project Stage: Research and analysis (evidence gathering, comparative analysis, recommendations); desk research, stakeholder consultation, drafting and validation—research stage leading to policy-ready deliverables.
8. 8Funding Amount: Estimated overall contract value €600,000.
9. 9Application Type: Open call for tenders published on the Funding & Tenders Portal; electronic submission mandatory (eSubmission).
10. 10Nature of Support: Monetary payment under a service contract (money).
11. 11Application Stages: At minimum 3 stages — submission, evaluation (administrative and technical/financial evaluation), award/contracting. The procurement process includes clarification periods and an open tender event.
12. 12Success Rates: Not specified in the published procurement metadata or tender documents; no historical success rate provided.
13. 13Co-funding Requirement: No co-funding required; contractor will be remunerated under the contract. Costs of subcontractors must be included in the tender price.
14. 14Templates: Tender documentation includes Annex 1 List of documents to be submitted, Declaration on honour (tender), Annex 3 Power of Attorney, Annex 4 List of subcontractors, Annex 5.1 and 5.2 Commitment letters, annex-vat form, draft direct service contract, and tender specifications which specify the structure and content of the technical and financial offers.

Full summary:This is a competitive procurement launched by the European Commission (DG COMP) to contract a specialised study on how State aid rules are enforced by national courts across the EU, covering national court case law since 1 January 2018. The contractor will collect and analyse national court decisions, map enforcement practices, identify obstacles and best practices, hold stakeholder exchanges or consultations as required, and deliver a final study with actionable recommendations for both the Commission and national authorities. The tender is published on the Funding & Tenders Portal with an estimated contract value of €600,000, a planned duration of 15 months and an electronic submission deadline of 1 September 2026. Bidders must follow the tender specifications and annex templates, present a high-quality technical proposal (weighted more heavily than price at 70/30 quality/price), and submit all administrative evidence, declarations and commitment letters specified in the annexes. The awarded contractor will deliver policy-oriented research to support improved effectiveness and uniformity in State aid enforcement before national courts.

Reference and where to apply:Full tender notice and all procurement documents were published on the European Commission Funding & Tenders Portal (Tender reference ad28a04f-e776; Call identifier EC-COMP/2026/OP/0046) and can be accessed via the portal listing Study on the enforcement of State aid rules by national courts ¹.

Footnotes

1. 1Contract notice and procurement documents published on the European Commission Funding & Tenders Portal (publication date 12 June 2026). See the tender details page: ec.europa.eu

Opportunity Overview

This is an open EU tender (Call Identifier:EC-COMP/2026/OP/0046) for a study analyzing how national courts in the EU enforce State aid rules, covering cases from 1 January 2018 to present ¹.

Contracting Authority:European Commission, Directorate-General for Competition (DG COMP) ².

Estimated Contract Value:€600,000 (fixed estimate) ³.

Contract Duration:15 months from contract signature ³.

Scope and Objectives

The study must provide a comprehensive overview of national court cases on State aid since the last Commission study (published in July 2019) ¹⁴.

1. 1Map the current state of play of State aid rule application before national courts across EU Member States
2. 2Identify main obstacles and best practices in national enforcement
3. 3Provide recommendations for the Commission and national authorities to improve effectiveness and uniformity of enforcement

Eligibility and Who Should Apply

Eligible applicants are economic operators (legal entities) with expertise in EU competition law, State aid, and judicial analysis; SMEs are not specifically excluded but the contract is not marked as SME-suited ³.

Key Required Capacities:Tenderers must demonstrate technical capacity in legal research, case law analysis, and policy recommendation drafting, with proven experience in EU competition/State aid matters ³.

Submission Requirements and Deadlines

Submissions must be made electronically via the EU Funding and Tenders Portal using eSubmission ³.

Required Documents

1. 1Tender specifications (EC-COMP2026OP0046 State Aid enforcement study - tender specifications_V1.pdf)
2. 2Declaration on honour (tender)
3. 3Annex 1: List of documents to be submitted
4. 4Annex 3: Power of Attorney
5. 5Annex 4: List of subcontractors (if applicable)
6. 6Annex 5.1/5.2: Commitment letters for subcontractors or entities relied upon
7. 7Draft Direct Service Contract (EN_Direct_Service_Contract_EC-COMP2026OP0046_1 (2)_V1.pdf)
8. 8Appendix 2: Security requirements en 2025
9. 9Annex VAT-2023-en

Award Criteria

The contract will be awarded based on quality (70% weight) and price (30% weight) ³.

Quality Evaluation Focus:Technical methodology, team expertise, understanding of State aid enforcement challenges, and quality of proposed recommendations ³.

Background and Context

The previous study on this topic was published in July 2019 by G. Monti, covering cases up to that date ¹⁴. National courts play a complementary but separate role to the Commission in State aid control, safeguarding individual rights when aid measures may breach EU law ⁴.

Relevant Legal Framework:Commission Notice on the enforcement of State aid rules by national courts (OJ C 305, 30.7.2021) provides guidelines for national courts ⁴.

How to Access Full Documents

All procurement documents are available on the EU Funding and Tenders Portal at the official tender page EU Tender Page ³.

Footnotes

1. 1Previous study: Monti, G. (2019). Study on the enforcement of State aid rules and decisions by national courts. Publications Office of the European Union [[1]].
2. 2Contracting authority: European Commission, DG COMP - Competition ³.
3. 3Tender details from EU Funding & Tenders Portal: estimated value €600,000, duration 15 months, deadline 1 September 2026, award criteria 70% quality/30% price ³.
4. 4Guidelines on enforcement: Commission Notice on enforcement of State aid rules by national courts (OJ C 305, 30.7.2021) [[4]].