Self-cleaning: what the Court has said

Insights · Eligibility · Published 10 October 2026. This analysis was generated with the help of an AI system. Its legal references were checked against the official EU texts listed under Sources on 10 October 2026. It describes the law as it stood on that date. Not legal advice.

Short answer. Seven rulings in the case law we searched give a consistent picture of self-cleaning. You don’t have to volunteer evidence of corrective measures with your tender unless national rules require it clearly, precisely and unequivocally and the documents tell you so. Otherwise you can provide it at any stage before the award decision. Before excluding you on an optional ground, the buyer must give you the chance to set out your measures, and it must give reasons for its decision on your reliability. National law may require you to cooperate with the buyer itself, not only with investigators, but only as far as strictly necessary. Where the problem lies with a partner, replacing or distancing yourself from that partner matters. None of the rulings says which measures are enough. That is for the buyer, under national rules, case by case.

EU law · The starting point

Article 57(6) lets a bidder in a situation under Article 57(1) or (4) prove that its measures are sufficient to show reliability despite the ground for exclusion. It must show it has paid or undertaken to pay compensation, clarified the facts comprehensively by actively collaborating with the investigating authorities, and taken concrete technical, organisational and personnel measures. If the measures are insufficient, it must get reasons. Member States set the detailed conditions (Article 57(7)). Recital 102 gives examples of measures: severing links with the people or organisations involved, staff reorganisation, reporting and control systems, an internal audit structure, and internal liability and compensation rules. It also leaves Member States free to decide whether the buyer or another authority assesses them.

Our analysis · What the rulings add

We searched the operative parts of the 154 decisions with an English text in our case-law set (decisions linked to Directives 2014/24 and 2004/18; method in our analysis of the scoring formula) for Article 57 and self-cleaning, then read each relevant ruling.

Limits. Vossloh Laeis concerned a utilities procurement under Directive 2014/25, read with Article 57(6) and (7) of Directive 2014/24. None of the rulings assesses whether particular measures were sufficient. That remains a national, case-by-case assessment, and the Directive lets Member States decide who makes it (recital 102). National case law was not searched.

Practice · Building and timing a self-cleaning file

1. Check the rules before the deadline. Do national law and the tender specifications clearly require evidence with the tender? If yes, include it. If not, you may still choose to: it gives the buyer the full picture early.
2. Cover all three elements of Article 57(6): compensation paid or committed, facts clarified through cooperation with the authorities, and concrete measures. Add evidence for each: payment records, correspondence with authorities, board decisions, new policies, audit reports, changes in personnel.
3. Link each measure to the problem. The buyer assesses the measures against the gravity and particular circumstances of the misconduct (Article 57(6)). Generic compliance programmes say less than targeted ones.
4. Expect questions from the buyer. National law may oblige you to cooperate with it, within what is strictly necessary (C‑124/17).
5. If you’re excluded, ask for the reasons and check the dates. A three-year limit for optional grounds runs from the relevant event (Article 57(7)), and for a penalised competition infringement from the authority’s decision (C‑124/17).
6. For partners, have a fallback. If an entity you rely on has a problem, the buyer may require you to replace it (Article 63(1)). Know in advance who could step in (see bidding with partners).

What this analysis doesn’t cover

National self-cleaning procedures and the authorities that run them. Exclusions set by final judgment, during which self-cleaning isn’t available in the Member States where the judgment applies (Article 57(6)). Utilities and defence contracts, except where cited.