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The access of economic operators from third countries without existing international legal ties to the EU procurement market is a legal issue that has not been fully clarified for a long time. The recently adopted legal instruments, namely the IPI and the Foreign Subsidies Regulation, and the Court of Justice of the European Union’s (CJEU) judgments in the Kolin case of 22 October 2024 and in the CRRC Quingdao case of 13 March 2025 have set the legal assessment in motion again. This article develops a position that focuses decisively on the EU legislative statements on the treatment of third-country nationals as expressed in the new legislation and takes a critical look at the questionable judgments of the CJEU, which, in the present view, are not fully compatible with earlier rulings and EU primary law.  Keywords: third-country bidders; Foreign Subsidies Regulation; IPI;  Kolin ;  Quingdao

Access to the EU Procurement Market for Bidders from Third Countries: A Lesson on the Meaning of Exclusive EU Competence