Public procurement appeal dismissed; court ruled no objective treatment violation occurred during software demonstration.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal dismissed the contractor's appeal against the public procurement authority's refusal to allow a software demonstration. The contractor argued that the authority violated principles of objective treatment by preventing them from demonstrating specific text editing features in Microsoft Word. The court found that the dispute concerned only the interpretation of the tender specification regarding the software's output, not the demonstration itself, and thus no legal violation occurred. Consequently, the appeal was rejected, and the losing contractor was ordered to pay the procedural costs.
Legislator headnote
AI generatedArt. 7 ust. 1, 2 ustawy Pzp; Art. 192 ust. 1, 2, 9, 10 ustawy Pzp: The court must assess whether the contracting authority's refusal to allow a specific demonstration violated the principles of objective treatment and equal treatment; if the dispute concerns only the interpretation of tender specifications regarding software output rather than the demonstration process itself, no violation is found, and the appeal is dismissed.