Abstract

Through an amendment of the Public Procurement Law of 29 January 2004, the Polish legislator implemented Directive 2014/24/EU of the European Parliament and the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, into the national legal order. The amendment introduced an obligation to ensure means of electronic communication between the contracting authority and the contractors. From the date of the provisions on the electronisation of public procurement entering into force, many practical problems appeared related to their interpretation, both in the case-law of the National Appeals Chamber and in the common courts. The most important of these apply to the legal importance of the offer form.