Abstract

On 17.11.2022. Court of Justice of the European Union issued a judgment in case ref. no. C-54/22. It raises a number of important issues for the practice of application of the Act of 11.9.2019. - Public Procurement Law (Journal of Laws of 2022, item 1710) concerning the scope and manner of secrecy of information provided by contractors during public procurement proceedings. The Court analysed the compliance of Polish law with European law and found that it was not fully aligned with EU regulations. In addition, it included a number of guidelines as to the scope of information that may be confidential in tenders submitted as part of a public procurement procedure and the scope of their disclosure. Undoubtedly, the theses of the judgment are an excellent source of information both for contractors wishing to exercise their right to keep information in tenders secret, and for the contracting authorities, which must each time assess the effectiveness and legality of the confidentiality measures taken by contractors.