Abstract

The discussed judgement of the CJEU draws the conclusion that each case must be analysed separately to determine whether the principle that a dispute regarding compliance with the law takes precedence over litigation for damages that may result in the aggrieved party being unable to revoke the decision of the ordering party in connection with another procedural provision. Therefore, it is worth maintaining the solution existing in the Polish Public Procurement Law, which is different to the Hungarian regulations analysed by the Court. The Polish solution does not make the right of the contractor to claim damages conditional on exhausting the complaint procedure applicable in the Public Procurement Law. At the same time, when constructing the mechanism of the ordering party’s liability, it is important that contractors are given a privileged position, as it could result in infringements of the public interest.