German Bundestag Legal Opinion: Open Source Procurement Permitted Under Public Procurement Law (heise.de)

• Bundestag legal opinion confirms open-source requirements are permissible in public tenders
• ECJ ruling from January 2025 restricts direct awards due to vendor lock-in
• Budget law may compel open-source preference below EU threshold values

"A legal opinion by the German Bundestag's Scientific Service confirms that public authorities may require open-source software (OSS) in tenders. The opinion details that restricting to OSS is lawful when justified by IT security, interoperability, or strategic independence. A January 2025 ECJ ruling prohibits using vendor lock-in to justify direct awards. The opinion also notes that below EU thresholds, budget efficiency principles may mandate OSS preference. The document supports digital sovereignty efforts."