Appalti pubblici e criteri ‘sociali’ di aggiudicazione secondo la Corte di Giustizia

This case note examines the judgment of the Court of Justice of the European Union in AESTE (C-210/24) concerning the compatibility of social award criteria in public procurement with EU law. The decision confirms that contracting authorities may consider wage increases above sectoral collective agreements as award criteria, provided they are linked to the subject matter of the contract and contribute to improving service quality. It also recognizes the promotional role of public procurement in fostering collective bargaining under Article 28 of the Charter of Fundamental Rights of the European Union. While the Court leaves unresolved the relationship between such social criteria and the EU rules on the posting of workers, the judgment strengthens the social dimension of public procurement and provides significant guidance for both EU and national procurement practices.