Abstract

Article discusses the possibility of using the remedies provided in the Public Procurement Law Act by a consortium. A consortium may file an appeal to the National Appeals Chamber, and after that to a common court. The prerequisites to be met by a consortium to exercise a measure of legal protection include: an interest in obtaining the contract in question, and an injury suffered or possible. A consortium does not have legal personality and, therefore, it is not a consortium that is a party to the proceedings, but all of its members. The possibility for a consortium to act as a litigant depends on whether it is the claimant (locus standi) or the defendant (pass passive).