Wykluczanie wykonawców : skutki wyroku Trybunału Sprawiedliwości

Inappropriate directive implementation occurring from the judgement of the European Court of Justice as of December 13, 2012 with regard to C-465/11 results in more significant consequences than it was anticipated by Public Procurement Office. The judgement was the response to the enquiry by National Chamber of Appeal, which was supposed to assess if the legal basis for exclusion of a contractor from public procurement procedure, provided for in Art. 24, section 1, item 1a) of the Public Procurement Act (PPA), is in compliance with Art. 45, section 2, paragraph first, letter d) of the standard directive which was the basis for implementation of Art. 24, section 1, item 1a) of PPA. The judgement constitutes the basis for changes to the Public Procurement Act and claiming damages from the Treasury for inappropriate implementation of Community Law.