Odstąpienie od umowy na podstawie art. 145–145a prawa zamówień publicznych
Renouncement of procurement contract under Articles 145-145a of the Public Procurement Law

Summary/Abstract: A stable public procurement agreement is an expression not only of legal certainty and the eternal principle of pacta sunt servanda, but also the principles of equality and fair competition and transparency (predictability). The Polish legislature, by repealing the confirmation of the general ban on premature termination of public procurement contracts, failed to implement the art. 73 of Directive 2014/24, limiting itself to the simple provision of its dispositions, apart from the general principles. In addition, in the provisions of Art. 145-145a Pzp omitted some structural elements, necessary from the point of view of Polish law. This includes in particular the possibility of a voluntary termination of the contract, in the same circumstances in which radical resignations are allowed (Article 145 of the PPL). There is also no reference to the relationship: withdrawal and termination of the contract, if explicitly in art. 145 PPL is required to settle the contractual part of the contract, in accordance with the provisions "the remuneration due to the contractor" and not unjust enrichment. In addition, any termination in the new Article was omitted. 145a Pzp time to exercise the right of withdrawal from the contract by the ordering party after the existence of a power, crucial not only in the light of the basic principles of Polish law but also from the point of view of protection of the contractor's interests. Against Article in addition, Article 145a (1) of the PPL may regret that, although the contracting authority has been able to "withdraw" from a defective contract amendment in breach of Art. 144 PPL, subject to revocation, but no analogue solution was granted in the event of a faulty conclusion of the contract, justifying the legal action for annulment under Art. 146 PPL.

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