21 September 2026

Public procurement rules being set aside in European defence deals

10 min read

Courts across several EU Member States have delivered judgments concerning the legitimate use of Article 346 TFEU to award long-term defence contracts without competitive public procurement procedures.

A prominent example is the judgment of the Belgian Council of State of 16 February 2026.

Read our alert on key takeaways from the judgment and the trend as a whole for defence industry participants, whether as beneficiaries or as excluded parties.

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