Prawo Zamówień Publicznych

no. 3/2015

Legal nature of judgments of the National Board of Appeal resolving pre-contractual disputes in public procurement

Joanna May
jest doktorem, adiunktem w Katedrze Postępowania Cywilnego Uniwersytetu Mikołaja Kopernika w Toruniu
Abstract

This article refers to very important issues relating to the legal nature of judgments of the National Board of Appeal which settle pre-contractual disputes. Disputes of this type may arise between the contracting authority and the entities applying for public contracts. In the article the author examines, among others, issues relating to the status of the National Board of Appeal and types of judgments passed by this authority. This article also presents the classification of judgments of the National Board of Appeal in regard to their legal consequences and binding force. The author’s considerations lead to the conclusion that legislative intervention is necessary regarding the consequences of judgments issued by the National Board of Appeal for court proceedings.