The Court of Justice of the European Union recently issued an interesting decision in case C-282/24 (16 October 2025). It brings important regulation for contracting authorities and suppliers regarding price adjustments, and does so in the context of existing framework agreements. The judgment clarifies how it is possible to respond to unforeseen circumstances that may arise during the performance of a framework contract without the need to call for a new tender.
The judgment focuses on the question whether a change in the remuneration model under framework agreements - for example, an adjustment of the ratio between fixed and variable prices - can lead to a "change in the overall nature" of the contract that would require a new procurement (since a change in the nature of the contract is not permitted under the public procurement rules). In its judgment, the CJEU stated that an adjustment which does not affect the value of the framework agreement to a material extent is not automatically considered to be a change in the "overall nature" of the contract and therefore does not require a new procurement procedure. Importantly, such modifications may be made within the framework of the original contract, provided that they do not lead to a fundamental change in the balance between the parties involved.
Unless the modifications substantially alter the balance in favour of one of the parties (for example, by significantly changing the price or scope of supply), there is no need to issue a new tender. This approach gives contracting authorities greater flexibility, which is necessary in situations where prices or market conditions change unpredictably. However, if such a change leads to a fundamental change in the balance between the parties, a new procurement procedure will need to be implemented.
The judgment also clarifies that the decisive criterion in assessing the need for a new procurement is not whether the change is likely to affect the outcome of the original procurement, but rather whether the change fundamentally alters the nature of the contract as a whole. This means that the concept of 'change in the overall nature' refers only to the most significant changes which result in a fundamental alteration of the subject matter of the contract, its type or the balance between the parties.
This judgment is an important step in clarifying the rules and practice for modifying framework contracts in the field of public procurement and provides concrete solutions to make it clear when a new procurement is necessary and when it is possible to modify the contract without compromising the transparency and fairness of the whole story.
You can read more about the full decision directly in the text of the judgment: https://eur-lex.europa.eu/legal-content/SK/TXT/?uri=CELEX:62024CJ0282
