Abstract

Although Article 705 of the Civil Code functions in public procurement as a subsidiary instrument, it possesses significant protective potential. It enables a response to procedural irregularities not explicitly addressed in public procurement law, thereby strengthening the reliability, integrity and transparency of procurement proceedings. The article presents the origins of contract annulment mechanisms in civil law, as well as in Polish and EU public procurement law. It looks at the role of Article 705 in the structure of annulment mechanisms in public procurement, the scope of its application, the grounds for annulment - including conduct contrary to law or good practices affecting the outcome of the tender - as well as issues of legal standing, deadlines for seeking annulment, and the legal effects of annulment judgments. Practical limitations arising from the current legislative framework are identified, and improvements are proposed to allow the potential of this provision to be exploited fully within the public procurement system.