Abstract

The Act of 17 December 2004 on Liability for the Breach of Public Finance Discipline includes a catalogue of situations that constitute torts involving liability for the breach of this discipline. Article 17.1.4 provides that setting tender evaluation criteria in a manner incompatible with the public procurement law is an act that breaches this discipline. In this article an attempt has been made to examine and present the prerequisites that generate liability in this respect based on normative regulations arising from newly introduced Directive 2014/24/EU of the European Parliament and of the Council on public procurement, as well as from the Act of 29 August 2014 modifying the Public Procurement Act.

Basing on the findings it should be accepted that tort, in the meaning giving to it by the Act on Liability for the Breach of Public Finance Discipline, will involve the use of price as the sole criterion in the situation excluded by the legislator for its applicability, as well as when the applied non-price criteria do not satisfy legal prerequisites laid down in the provisions of the Public Procurement Act.