Abstract

Public procurement law establishes certain mechanisms aimed at ensuring that the procurement procedure is carried out correctly, as well as safeguarding its outcome. The Polish regulations of these mechanisms have manifested different approaches to this problem over time. Initially, there was no judicial supervision within the statutory system of remedies. Finally, the possibility to go to court was included in the public procurement regulation. After several further modifications, the adopted review mechanism granted the party whose rights were infringed the possibility to appeal to a locally appropriate district court. With the new Public Procurement Law, this system was once again modified in a way that all such cases were transferred to the jurisdiction of the Warsaw district court – known as the Public procurement court.

The aim of this article is to present the legal nature of court complaints brought against decisions of the National Appeals Chamber. At the same time, it forms the theoretical basis for the authors’ further deliberations, included in a separate study, concerning complaints against decisions of the National Appeals Chamber in light of the case law of the courts of Lower Silesia in 2015-2019.