Success for our client – the National Appeal Chamber dismissed the opponent’s appeal
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
The law firm’s client successfully defended the favourable outcome of a tender for the repair of power units for one of Poland’s largest tramway operators. However, the road to success was not easy. First, the law firm filed an appeal on behalf of the client against the content of the ToR (terms and conditions of contract), which, as a result of the appeal, were corrected by the contracting authority in accordance with the client’s expectations. Subsequently, the law firm’s client won the tender, after which the outcome was appealed by its main competitor.
The client joined the proceedings on the side of the contracting authority. Thanks to the effective, substantive argumentation of our lawyers at the National Appeal Chamber, the competitor’s appeal was dismissed, and our client was finally awarded the contract in accordance with the original tender award.
The key to defending a favourable tender award is for the Contractor to be far-reachingly active as an entrant. It is not enough to passively await the actions of the Contracting Authority, which may not have such precise and specialised knowledge of the market as a tenderer. It was thanks to our activity and that of our supported client that all the arguments in the appeal were found to be unfounded.
-comments mec. Jan Sakławski
The client was represented in the case by counsel Jan Saklawski and counsel Karolina Wcisło-Karczewska.
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