KIO ruling vs. pursuing claims against contracting entities

Pursuing complaints for damages by contractors for an action of the contracting entity in breach of the Public Procurement Law should not raise any doubts. It should be obvious that in such cases, public entities applying the Public Procurement Law should bear negative consequences of their actions which cause damage in property of an entity applying for the award of the public contract. Unfortunately, the Public Procurement Law has a certain gap in this respect.

An article by Marta Lipińska published in 'Zamawiający' magazine (May-June 2021) is available at the following link: https://gww.pl/media/publications/pdfs/Orzeczenie_KIO_a_dochodzenie_roszcze%C5%84_przeciwko_zamawiaj%C4%85ym.pdf