Executive Vice-President Stéphane Séjourné, on behalf of the European Commission, has confirmed that the Commission will submit written observations to the Court of Justice of the European Union (CJEU) in a pending preliminary ruling request concerning the application of EU procurement principles to legal services excluded from Directive 2014/24/EU. The answer, given on 30 July 2026, responds to a parliamentary question from Alberico Gambino (ECR, Italy) and signals the Commission's intention to clarify the scope of EU law in this sensitive area, which directly affects national bar associations, law firms, and public authorities awarding legal service contracts.
The question stems from Order No 3462 of 4 May 2026, in which the Italian Council of State referred questions to the CJEU on whether legal services excluded under Article 10 of Directive 2014/24/EU—such as legal representation in judicial, arbitration, or conciliation proceedings—should nonetheless be subject to EU principles of transparency, impartiality, non-discrimination, and proportionality. The Italian court also asked about the compatibility of national obligations requiring tender identification codes and contributions to ANAC, the National Anti-Corruption Authority. Gambino had asked the Commission to clarify its understanding of the interplay between Article 10 and these principles, whether additional national obligations should be subject to proportionality, and whether the Commission would promote interpretative guidelines.
In his answer, Séjourné did not offer a substantive legal interpretation, instead deferring to the CJEU's exclusive authority to ensure uniform interpretation of EU law. He confirmed that the Commission will participate in the proceedings by submitting written observations, and that it will ensure appropriate follow-up if the Court finds national rules non-compliant. The response contains no concrete proposals, numerical targets, or timelines, and notably does not commit to drafting interpretative guidelines, despite the question's request.
The answer reflects a cautious, institutionally deferential stance, prioritising judicial clarity over proactive Commission guidance. This approach may disappoint stakeholders seeking immediate harmonisation, particularly Italian legal practitioners and public bodies navigating the current uncertainty. The Commission's intervention in the CJEU case will be closely watched, as it could set a precedent for how EU procurement principles apply to excluded services across Member States. The outcome of the preliminary ruling will likely shape future Commission guidance and national legislation, with potential implications for the cost and administrative burden of legal service procurement in Italy and beyond.