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CONTRACTORS FAILED TO LODGE AN APPEAL TO THE POLISH NATIONAL APPEAL CHAMBER ON SATURDAY

2015-09-28

The ongoing dispute between lawyers on how the contractors should count the time-limit for lodging an appeal against decisions of contracting authorities to the National Appeal Chamber (NAC) has been completed. The latest judgement of the NAC maintains the previous practice in this regard.

The issue appeared on 5th March 2015, when on the website of the Public Procurement Office (PPO) was posted a response of the Vice President of the PPO to the interpellation of the members of the Parliament of the Republic of Poland to the President of the Council of Ministers of 10th February 2015 on the need to amend the Polish Public Procurement Law (PPL). In response to the interpellation the Vice President of the PPO stated that to the time-limit for lodging an appeal specified in the PPL shall apply to the Regulation of European Union Council (EEC, EURATOM) No 1182/71 of 3rd June 1971 determining the rules applicable for periods, dates and time-limits.

The consequences of such opinion would be an adoption of a new interpretation of the provisions of the PPL, according to which the time-limit for lodging an appeal to the NAC, which expires on Saturday, is “automatically” extended until the end of the first business day following Saturday, which is Monday. The statement of the Vice President of the PPO was in opposition to the existing practice of the NAC, which rejected the appeals lodged after the time-limit.

From the perspective of the entrepreneurs applying for public contract it is significant that despite the release of such a controversial opinion of the Vice President of the PPO, the practice the NAC has not changed. Taking into consideration the first few judgements passed after the publication of the interpellation it should be concluded that the NAC does not share the opinion of the Vice President of the PPO and, nonetheless, intends to use the rule of counting the time-limit according to the Polish Civil Code. Pursuant to the provisions of the Polish Civil Code Saturday is not a business day, which means that the time-limit for lodging an appeal should not fall on that day of the week, and will be extended until Monday.

Related People: Witold Jarzyński
Related Service Areas: Public procurement / public sector
Related Countries: Poland

 

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