Abstract

A faulty action by the contracting authority in a procedure can be rectified by corrective measures in the form of an appeal to the National Appeals Chamber (Article 505 of the PPL), the cancellation of the public procurement contract (Article 458 of the PPL) or damages (Article 472 of the Civil Code). If the contracting authority refuses to enter into the contract, the contractor has the right to demand that the contract be compulsorily entered into before the court, the return of double the security deposit, or damages (Article 704 § 2 sentence 2 of the Civil Code). All these measures are preventive by nature, i.e. they lead to the removal of irregularities in the procedure for awarding a public contract by repeating the action that is the subject of the appeal, obliging the contracting authority to perform an action that it failed to perform, or leading to the cancellation of the procedure for awarding a public contract.