Prawo Zamówień Publicznych

no. 2/2023

Precontractual liability for damages of the contracting authority in the public procurement law

Michał Raduła
Doktor, Zakład Publicznego Prawa Gospodarczego Uniwersytetu Wrocławskiego
Abstract

The aim of this article is to provide a legal analysis of the precontractual liability for damages of the contracting authority in the public procurement law. It specifically is focuses on the range of liability for damages of the contracting authority during the precontractual phase, as well as the legal basis of this liability, considering the European Union law. The author also addresses the issue of obtaining a prejudgment as a prerequisite for an effective claim for compensation by the economic operator.

Keywords
contracting authority, liability for damages, positive contract interest, negative contract interest, contractual liability.