News 2026

From EU rules to construction projects, FIEC explored what the “October Infringement Package” - announced by the European Commission on 1st October - can tell us, as it places procurement/concessions, energy/buildings, transport, the Single Market, financing and labour mobility (among other policies) in the spotlight.

The Infringement Package highlights a familiar but increasingly important issue for the construction sector: the effective implementation and enforcement of EU rules across Member States. While infringement decisions often concern specific national measures, many of the cases published in the package have a direct or indirect bearing on construction, infrastructure investment and the conditions under which contractors operate across Europe.

It included 30 letters of formal notice, 66 reasoned opinions and 9 referrals to the Court of Justice of the European Union (CJEU), while 87 infringement cases were closed following remedial action by Member States.

Public procurement and concessions: a key issue for infrastructure delivery

One of the most directly relevant cases concerns Hungary and the award of a 35-year contract for the construction, operation and maintenance of the national motorway network.

The European Commission issued a reasoned opinion, considering that the contract had been incorrectly classified as a concession rather than a public contract. In particular, the Commission concluded that an insufficient level of operating risk had been transferred to the contractor, which is a fundamental element distinguishing a concession from a public contract. It also raised concerns about subsequent modifications to the contract.

For the construction industry, this case is significant beyond Hungary. It illustrates the importance of:

• correctly distinguishing public contracts from concessions;
• ensuring genuine risk allocation between contracting authorities and contractors;
• respecting transparency and equal treatment of economic operators;
• ensuring that major long-term infrastructure contracts are not subsequently modified in ways that undermine procurement rules.

At a time when Europe needs to accelerate investment in transport, energy and other strategic infrastructure, legal certainty and well-designed procurement procedures are essential for attracting private-sector capacity and investment.

This is particularly relevant against the background of the European Commission's September 2026 proposal for a new EU Public Procurement Act, which aims to simplify procurement rules while giving greater weight to strategic considerations such as resilience, security, sustainability and European preferences.

Standards and quality

The European Commission decided to open an infringement procedure against France for restricting free access to French mandatory standards for non-French businesses. This case is particularly interesting because of the link to the Court of Justice of the European Union (CJEU) Malamud ruling (Decision) and the revision of the Standardisation Regulation (EU Product Act, published on 6 October). In the construction sector, specifically contractors with regard to execution standards, we heavily rely on fair access for the safety and integrity of works. The European Commission considers that this practice is of discriminatory nature and constitutes a single market barrier. It breaches the rights of free movement of goods and the freedom to provide services.FIEC will follow the case closely and deliver information further on.

Efficiency Performance in Buildings Directive

The Commission has called on Greece, Spain, Italy and Malta to complete transposition of the revised Energy Efficiency in Buildings Directive (EPBD) including provisions relating to energy efficiency, public authorities and renovation of buildings.

The European Commission also calls on Member States (Belgium, Czechia, Ireland, Italy, Luxembourg, Hungary, Malta, Poland, Slovakia) to submit their draft National Building Renovation Plans (NBRPs).

For construction, these developments matter because implementation of EU energy legislation needs to translate into predictable renovation pipelines, investment and actual projects.

Urban Waste water Treatment

The European Commission calls on Sweden to correctly transpose the Urban Waste Water Treatment (UWWT) Directive.

Waste Framework Directive

The Commission decides to refer Greece and Cyprus to the CJEU for failing to ensure adequate treatment of waste, specifically with regard to practices of landfilling.

Energy Efficiency Directive

The Commission urges Greece, Spain, Italy and Malta to fully transpose EU rules on energy efficiency.

A Single Market for labour and transport mobility

The package also includes cases concerning transport, professional qualifications and labour mobility, all of which affect construction companies operating across borders. More generally, the Commission's enforcement activity highlights the continuing need to reduce national fragmentation and ensure a well-functioning Single Market.

Our takeaway

For FIEC, the broader message is clear: Europe's investment and competitiveness objectives depend not only on good EU legislation, but also on its timely, consistent and proportionate implementation across Member States.

Read the October Infringement Package at this link.