Abstract

The procedure of preliminary questions under Art. 267 of the TFEU plays an important role in the process of interpretation and harmonisation of the EU public procurement law. The National Appeal Board – recognized by the CJEU as a court within the meaning of Art. 267 of the TFEU – actively participates in the dialogue between national courts and the CJEU. The preliminary questions asked by the National Appeal Board have had a major impact on the Polish public procurement market in many of its areas: exclusion of contractors, assessment of the capability to perform, business secrecy or contractors’ standing. The preliminary rulings issued in the wake of the questions asked by the National Appeal Board resulted also in relevant modifications of the public procurement law in Poland.