Favoring Polish enterprises
“We are finishing work on the act, according to which we will be able to squeeze out of European regulations as possible to favor Polish enterprises in public procurement,” said the head of government. He added that in the construction of these regulations, the government will benefit, among others from the verdict of European tribunals, which de facto open the path to treat European standards in the public procurement process as one of the requirements.
“If a company from a country like China, India or Turkey proceeds to a tender, having an advantage in advance, having less burdens resulting from other regulations, the Polish entrepreneur in the competition with them will have additional points and will not stand in a lost position” – assured Tusk.
He added that the government will also look for ways and procedures so that Polish entrepreneurs can also compete in tenders with European companies. “We have attached to this idea to make Polish companies flourish in competition with other companies,” explained Prime Minister Donald Tusk.
CJEU judgment
Judgment of the CJEU of 2024 PKP PLK – a railway infrastructure manager, excluding some of foreign entities from the tender for the modernization of the Białystok -Ałk railway line, worth PLN 6 billion, worth the access to the EU public procurement market for foreign entities. Contractors based outside the EU, the European Economic Area and entities from countries that are not covered by the Government Orders under the WTO were excluded, i.e. from Turkey and China. No protests were received during the procedure.
The CJEU in the judgment of October 22, 2024 on access to the EU Public Procurement Market foreign entities ruled that the access of entities from third countries, which are not signatories of contracts and agreements in the area of application of European provisions in the field of public procurement, to public procurement procedures in European Union It is not guaranteed and these entities can be limited to access to the EU Public Procurement Market. (PAP)
