The Spanish Supreme Court has issued a landmark ruling for the engineering sector, expressly confirming that engineering services are considered intellectual services and are therefore subject to the specific provisions established in the Public Sector Contracts Law (Ley de Contratos del Sector Público – LCSP).
The judgment, issued on 21 January 2026 (Judgment No. 39/2026, Appeal No. 1054/2023), upholds the appeal filed by the College of Civil Engineers, Channels and Ports (Colegio de Ingenieros de Caminos, Canales y Puertos) and establishes legal doctrine regarding award criteria in the public procurement of engineering services.
Specifically, the Supreme Court states that, as intellectual services, quality-related criteria must account for at least 51% of the total evaluation score. Consequently, contracting authorities may not rely exclusively on economic criteria or automatic scoring formulas when awarding engineering service contracts.
This ruling is particularly significant because it:
- Confirms the correct application of the Public Sector Contracts Law (LCSP) to engineering service contracts.
- Reinforces the primacy of quality over price in public procurement procedures.
- Provides legal certainty against tendering practices based primarily on auction-style models.
- Aligns with previous Supreme Court rulings concerning architectural services.
At AGEINCO, we highly welcome this decision, which represents a significant step forward in recognising the professional value, technical expertise, and quality of engineering services. The ruling also contributes to a fairer, more efficient public procurement system that better serves the public interest.
The full Supreme Court judgment can be consulted in the attached document.
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