Abstract

The article aims at presenting development of the EU law with respect to in-house contracting shaped by the ECJ’s judgments and continued by the CJEU. The article presents major judgments affecting the pro-Community interpretation of classical and sectoral directives, which subsequently led to introduction of Community regulations at the level of 2014/24/EU and 2014/25/EU Directives.

At the same time, the author analysed the legal situation in Poland concerning in-house contracting before the new directives came into force as regards both the positions taken by control and decision-making authorities, as well as opinions issued by the Public Procurement Office.

The article aims at presenting how the in-house contracting solutions have been implemented in the national law and attempts at evaluating uniformity of adopted solutions as well as examining the conditions under which the contracting authorities may refer to this type of contracting and whether they constitute a barrier to the application of the adopted solutions. The author undertake such evaluation by analysing the applicable statutory provisions as well as the decisions of the National Appeal Chamber available as at the date of the article.