Language Requirements in Public Procurement: Legal Insights from Jadek & Pensa
Our Managing Associate, Gregor Kovačič, and Associate, Lučka Brunec, have co-authored an article titled “Language Requirements in Public Procurement Procedures for Key Personnel in Construction Works as a Condition for Participation: Legal Analysis.” The article has been published in the latest issue of the Law Journal on Industrial and Infrastructure Projects (RInPrax) (2/2025).
This insightful piece addresses the growing relevance of language requirements in public procurement procedures, particularly in the construction sector. It explores how such conditions impact competition, equal treatment, and the free movement of services under EU law. The authors analyse key legal frameworks, including Directive 2014/24/EU and CJEU case law, to highlight the importance of proportionality and non-discrimination when imposing language-related conditions.
Key Takeaways from the Article:
- Proportionality Matters: Language requirements must be directly related to the subject matter of the contract and avoid unnecessary barriers for foreign bidders.
- Practical Solutions: The use of interpreters or standardized technical languages can help maintain competitiveness while ensuring effective communication.
The article also proposes actionable recommendations for contracting authorities to avoid discriminatory practices, ensure compliance with legal principles, and foster fair competition across Member States.
📖 Read the full article here: RInPrax 2025, 132 – beck-online
*Published in RInPrax (2/2025) by Verlag C.H.Beck GmbH & Co. KG
This publication reflects Jadek & Pensa’s commitment to providing expert insights into complex legal issues that shape public procurement practices across EU.
