Official Journal of the European Union

C series

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C/2025/896

17.2.2025

(Case C-820/24, Strominator Elektro)

(C/2025/896)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Strominator Elektro GmbH

Contracting authority: Bundesimmobiliengesellschaft mbH

Successful tenderer: Fiegl & Spielberger GmbH

Questions referred

1.Is Article 72(5) of Directive 2014/24/EU (1) to be interpreted as meaning that a modification of a public contract after the end of the agreed performance period, the provision of non-cancelled services and the submission of the final invoice by the contractor but before the payment of the remuneration by the contracting authority is to be classed as modification of a public contract ‘during its term’?

If the answer to Question 1 is in the affirmative:

2.Is Article 72(1)(c)(i) of Directive 2014/24/EU to be interpreted as meaning that circumstances which a diligent contracting authority ‘could not foresee’ also cover external circumstances which have arisen before the conclusion of the contract but whose repercussions on the public contract become apparent only after the contract has been concluded?

If the answers to Questions 1 and 2 are both in the affirmative:

3.Is Article 72(1)(c)(i) of Directive 2014/24/EU, read in conjunction with Article 72(1)(c)(ii) of that directive, to be interpreted as meaning that there is ‘a need’ for modification of a public contract on account of circumstances which a diligent contracting authority could not foresee even if the modification is ‘appropriate’ but not ‘strictly necessary’, so long as the modification does not change the overall nature of the contract?

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 (OJ 2014 L 94, p. 65, corrigendum OJ 2022 L 192, p. 39).

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ELI: http://data.europa.eu/eli/C/2025/896/oj

ISSN 1977-091X (electronic edition)

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