Abstract

Liability for damages is of fundamental importance for the issue discussed here. It is by its nature aimed at compensating losses arising from default, with the exception of potential damages the occurrence of which in public procurement is highly probable. At the same time, that liability only to a limited degree stimulates real execution of the obligation. Meanwhile, execution of a contract is of key importance in the entire public procurement system. The present form of liability of the parties providing access to the capacities serves this purpose only fractionally, which makes the institution of providing access to resources questionable, and in any case justifies the need for an in-depth review of legal solutions relating to third-party liability in this respect.