Our client’s appeal being the basis for the NCA’s request for interpretation to the Court of Justice of the European Union

28.11.2016

Our law firm represented a consortium of companies – members of the Saferoad group – in the appeal proceedings at the NCA concerning a tender for “the year-round full maintenance under the Keep Up the Standards scheme of the Poznań North Junction – Poznań West Junction section km 0+000 – km 24+694 (S11c), km 0+000 – km 1+605 (S 5e) of the S11 expressway and along the section Poznań-Krzesiny Junction – Kórnki South Junction from km 0+000 to km 14+810 (S11a) with all the ancillary infrastructure”. The contracting authority was GDDDKiA, Poznań branch. The appeal was brought as a result of, among other things, failure of the contracting authority to comply with the requirements set out in another appeal brought by the Saferoad group companies, which had been met in full.
The NCA panel reviewing the appeal resolved that the matter must be referred to the Court of Justice of the European Union (CJEU) to rule on the issue of admissibility of tender evaluation (and inclusion of the tenders in the ranking of tenders) where the tender was submitted out of time. The matter will thus be taken up by the CJEU.
The client was represented before the NCA by Robert Siwik.