Double success in a public procurement case

On the 23rd of January 2026, the National Appeal Chamber issued a ruling (case no. KIO 5434/25) dismissing the appeal lodged in public procurement proceedings concerning the modernisation of hospital premises. We represented the Contracting Authority in this case.

In the appeal, the Appellant alleged that the Contracting Authority had unjustifiably rejected the bid submitted by the Appellant on the grounds that it did not meet the conditions for participation in the procedure. In view of the allegations raised, the Appellant demanded that the evaluation of the bids be repeated and that its bid be selected as the most beneficial.

During the ongoing appeal proceedings, the Contracting Authority’s representative pointed out that the burden of proving compliance with the conditions for participation in the tender procedure rested with the contractor. Failure to meet this burden resulted in the rejection of the bid.

The National Appeal Chamber (KIO) fully endorsed our position, finding that the actions taken by the Contracting Authority in the public procurement procedure were correct and in accordance with the provisions of the Public Procurement Law.

The Appellant lodged an appeal against the above ruling with the Regional Court. However, the Court confirmed the legitimacy of our position, as expressed in its ruling of 15 May 2026 (case no. XXIII Zs 44/26) dismissing the appeal.

At the hearing before the National Appeal Chamber and the Regional Court, the Contracting Authority was successfully represented by Attorney-at-law Łukasz Miatkowski.