Offers may be evaluated on the basis of a presentation made after opening of the bids
The National Appeal Chamber has held that it is permissible after opening the bids in an unrestricted tender to hold an exam in which the experts offered are evaluated, and for the points awarded on the exam to serve as a criterion for evaluation of the offers.
The convenience of the procurement procedure does not justify departing from the law
A lawyer who wants to win a tender has to face an exam after the bids are opened. It’s like retaking the bar exam, but the contracting authority scores the exam however it likes. Whoever gets the best score wins.
Buying on the cheap is no crime—at least not under TFEU Art. 107
In the SARC case, the Court of Justice of the European Union has held that an advantageous licence from a public university does not necessarily constitute impermissible state aid. The case also provides important guidelines on when an undertaking may seek to annul a decision by the European Commission finding that a competitor has not received impermissible state aid under TFEU Art. 263.
Review of rejected claims against the General Directorate for National Roads and Motorways under the special act for road construction subcontractors
The Supreme Administrative Court of Poland has made it clear that the administrative courts cannot review the road authority’s refusal to recognise a subcontractor’s claim for payment under the “special act.” The subcontractor’s claim may be pursued instead through the civil courts.
Market leader: can there be more than one?
In times of fierce market competition, it is becoming increasingly attractive to construct advertising campaigns that contain superlatives, in particular regarding market leadership.
Electronic signature doesn’t work in administrative court
Poland’s Supreme Administrative Court has held that under current law it is impermissible to file papers with the administrative courts electronically using a secure electronic signature.
A defective bank guarantee does not constitute a bid bond
The failure to identify the guarantor in the wording of the bank guarantee prevents the contracting entity from recognising the bid bond as properly paid. An error of this type cannot be cured by way of interpretation.
Tribunal strikes high fees for judicial review in public procurement cases
For the second time this year, the Constitutional Tribunal has considered a challenge to the court fees for appeals against rulings by the National Appeals Chamber in public procurement cases.
Can a foreign company be summoned to attempt settlement negotiations in Poland?
Sometimes when the same case is presented to different courts, the courts take mutually exclusive positions. This was what happened in the case of an Italian company summoned to attempt settlement negotiations in Poland.
When is offering a litre of juice an unfair market practice?
On 11 February 2014 the Warsaw Regional Court issued a long-awaited ruling demonstrating the current approach of the Polish courts to the sensitive issue of how to designate promotional prices for goods.
Refund of bid bond may be sought before civil court
The Supreme Court has ruled that cases seeking refund of a bid bond lie within the jurisdiction of the civil courts, finally resolving doubts surrounding the legal recourse a contractor should follow to reclaim a deposit retained by the contracting authority.
High fees for review of National Appeal Chamber rulings are constitutional
In public procurement proceedings, a party dissatisfied with a ruling of the National Appeal Chamber will still have to pay high fees for judicial review.