Abstract

The Polish public procurement law does not specify special rules for damages in case of its infringement, except for cases of unjustified cancellation. Damages related to the public procurement procedure may be claimed according to the general civil law principles, which is out of compliance with the EU Remedies Directives. In principle, the contracting entity is held responsible under civil law, though incomplete regulation of compensation in public procurement cases demonstrated a need for further research regarding claiming of damages for unjustified cancellation of a tender and contracting entity’s refusal to sign a public contract. The application of legal remedies should be further analysed and regulated. Clarity of regulations is essential to ensure adequate protection of interests of suppliers and contractors in public procurement procedures.

Special codification of a contractor’s liability in case of a manifestly unfounded appeal to the National Board of Appeal is also necessary. In general, granting reimbursement of the costs of the appeal proceedings is not sufficient to compensate for the losses suffered as a result of the extension of the term of the contract.