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Recently, the topic of elections is very popular in Poland. This is why it makes it more surprising that the CJEU judgment in case C-601/22, issued in September this year, passed without much of an echo in Poland. The said judgment was the consequence of a complaint procedure initiated by the European Commission, which challenged Poland's awarding of contracts for the printing of ballots without tenders. As the Polish government was unable to convince the CJEU of its case, the question in the title of this publication remains open.


The election dust is slowly settling, blown away by the wind of the upcoming political changes in Poland. Amongst the many loud announcements of what awaits us in the near future, there are also those concerning the need to make Poland a more attractive country for foreign entities to do business.


This case has it all: big money, multinationals, but above all: a significant substantive thread. It concerns a 2020 tender launched in Romania for the purchase of 20 electric multiple units. As a result of changes to Romanian legislation introduced in April 2020, a consortium led by a Chinese company was eliminated from the fight for the contract. The reason for this was that, as a Chinese entrepreneur, this entity was not included in the definition of the term "contractor" under the Romanian Public Procurement Law. As a result of the fact that the consortium disagreed with this exclusion, the case first wandered to the Bucharest Court of Appeals and then (as a result of its activity) found itself on the agenda of the Court of Justice of the European Union.


European Commission has published (though for now only in the language of Shakespeare) the tool for the online submission of the complaint regarding the access to the third-country procurement market. We visited the website – our review below.


The discussion on the International Procurement Instrument (IPI), a legal mechanism aimed at providing the EU with arguments in negotiations with third countries on opening up their public procurement and concession markets more widely to EU entrepreneurs, has been ongoing for more than a decade. The EU finally succeeded (in June 2022) in adopting Regulation 2022/1031 on IPI. In February 2023, even guidelines for the application of the provisions of the said Regulation were adopted. However, it is still an open question whether the cited actions of a legislative nature will find their practical dimension.  

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About the blog

We discuss judgments from the European Court of Justice and their influence on the interpretation of public procurement law in Poland. We follow and comment on legislation in the European Union. We address current issues in Polish case law.

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