Court allows appeal, voids tender decision due to unequal treatment of bidders violating public procurement law.
Poland (PL)
Legislator summary
AI generatedThe National Reconsideration Chamber allowed the appeal filed by a bidder against a public tender decision. The court found that the contracting authority violated the principle of equal treatment by improperly rejecting one bidder while accepting another's offer under similar conditions. Consequently, the court ordered the voiding of the selection, correction, and rejection decisions, mandating a new selection from the remaining valid offers.
Legislator headnote
AI generatedArt. 7 ust. 3, art. 87 ust. 1 pkt 3, art. 89 ust. 2 pkt 7, art. 91 ust. 1 Prawo zamówień publicznych; The contracting authority must treat all bidders equally without privileges or discriminatory measures, and any decision based on unequal evaluation or procedural errors violates the core principles of fair competition and legal certainty in public procurement.