EU ANTITRUST: HOT TOPICS & NEXT STEPS

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

Prague, Czechia

deadlines for submitting offers. Moreover, the possibility of conducting an “accelerated” procedure of public procurement without publication was recalled. Eventually, contracting entities may use alternative solutions. Such solutions, justified by extraordinary unforeseeable circumstances, will allow the needs caused by the COVID-19 pandemic to be met (Beuter, 2020, pp. 1–4). According to the case law of the CJEU ( European Commission v Italian Republic, C‑353/12 P, paras 50–52), the application of the accelerated procedure does not violate the fundamental principles of European and national law in the field of public procurement law, which are the principles of equal treatment and transparency as well as the principle of ensuring the competition. The provisions adopted in the Communication apply to the public buyers and entities implementing contracts from public funds. At the same time, the exemption from the obligation to publish contracts was linked to the expanding COVID-19 pandemic. It should therefore be noted that in its communication, the European Commission stated the possibility of applying the special modes provided for in the Directive 2014/24 / EU and made some flexibility in the application of the provisions on public procurement. In the individual Member States, even before the publication of Communication 2020 / c 108 I / 01 by the European Commission, appropriate legal regulations were introduced to limit the use of the public procurement system in the activities of public authorities in activities aimed at preventing and combating the effects of the COVID-19 pandemic. In March 2020, Poland passed two acts, known as anti-crisis, shields, in which the Polish legislature limited the application of public procurement law by public sector institutions. The Polish legislature in the Article 6 of the Act of 2 d March 2020 on special solutions related to the prevention, counteraction, and combating of COVID-19, other infectious diseases and crisis situations caused by them (Journal of Laws of 2020, item 347), apart from numerous restrictions, the exclusion of application of the provisions on public procurement referred to in the Polish Act of 29 January 2004 – Public Procurement Law was also introduced. The radically rising disease curve could be use as a reason when the purchaser was allowed not to use a public procurement of a good or service related to the prevention or eradication of COVID-10. The basic rationale for such a solution was the likelihood of rapid and uncontrolled spread of the disease or, if necessary, for the protection of public health. The Act of 31 March 2020 on amending the Act on special solutions related to the prevention, and combating of COVID-19, other infectious diseases and crisis 3. Limitation of the use of public procurement in Poland due to the COVID-19 pandemic

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