Abstract

The paper explores the issue of the contracting authority’s liability for damages in cases where it fails to conclude a contract with a contractor whose offer it selected as the most advantageous. The basis for this discussion is Article 704 § 2 sec. 3 of the Polish Civil Code, whose legal provisions regarding claims for damages are examined in light of the specific nature of public procurement law, as well as existing case law and the legal ­doctrine. It addresses key questions regarding the application of this provision to the conduct of public contracting authorities, the conditions for liability for damages and the burden of proof. Finally, the author attempts to determine the scope of compensation that can be obtained by the contractor whose offer was selected as the most advantageous, in particular discussing the groundbreaking judgment of the Supreme Court of 30 July 2024 (reference number II CSKP 2407/22).