Abstract

The paper looks at the contracting authority’s liability for damages for the invalidation of a procurement procedure due to reasons attributable to the contracting authority. The basis for this discussion is Article 261 of the Public Procurement Law, whose legal provisions regarding claims for damages are examined in light of the specific nature of invalidating a public procurement procedure, as well as current case law and the legal doctrine. It addresses key questions regarding damages in the event that a procurement procedure is invalidated due to reasons attributable to the contracting authority, the conditions for liability for damages, and the burden of proof. Finally, the author attempts to determine the scope of damages awarded to contractors under Article 261 of the Public Procurement Law, and how it relates to other legal remedies.