Problematyka dochodzenia roszczeń o zwrot nienależnie zatrzymanego wadium w procesie cywilnym. Uwagi na marginesie art. 46 ust. 4a Prawa zamówień publicznych
The issue of pursuing a claim in civil proceedings for a wrongfully retained tender bond. Remarks on article 46(4a) of Public Procurement Law

Summary/Abstract: The following paper concerns a very topical issue, namely the return of a wrongfully retained tender bond. This matter is, at its core, highly problematic, with many overlapping doubts of a practical, as well as theoretical nature. Firstly, the question of the admissibility of recourse to the courts for a request to return a tender bond is discussed. Later, attention is shifted to the issue of the legal basis for the pursuit of such a claim in light of judicial decisions and the rulings of the National Appeals Chamber. Further along, issues of the construction of art. 46(4a) of Public Procurement Law (PPL) and the binding force of the rulings by the National Appeals Chamber are considered. In conclusion, it has been asserted that the authorities conducting the proceedings who hear the claims for the return of a tender bond should approach the subject by narrowly interpreting art. 46(4a) of PPL, and evaluate these kinds of situations through the prism of the abuse of law.

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