EU Court dismisses Warbud lawsuit over Frontex headquarters tender

The Court of Justice of the European Union has dismissed a lawsuit filed by the Polish company Warbud regarding a tender for the construction of the Frontex permanent headquarters in Warsaw.

The dispute originated from a procurement process initiated in 2022 for the agency's headquarters in the Mokotów district. Warbud's bid was rejected during the final stages of the tender in October 2024 in favor of another contractor. Warbud challenged the decision, arguing that Frontex failed to provide sufficient justification for selecting the winning bid and failed to properly investigate whether the chosen offer was abnormally low, as required by EU regulations.

The Court ruled that Frontex correctly verified the pricing. The court noted that Frontex conducted the first of two required verification stages to identify suspicious signals, such as prices significantly below market rates. Because the winning offer did not raise suspicions during this initial stage, the agency was not obligated to trigger the second stage or request further explanations from the winner. The Court found that Frontex provided sufficient justification for rejecting Warbud's offer.