Offers may be evaluated on the basis of a presentation made after opening of the bids
The National Appeal Chamber has held that it is permissible after opening the bids in an unrestricted tender to hold an exam in which the experts offered are evaluated, and for the points awarded on the exam to serve as a criterion for evaluation of the offers.
The contractor must comply with the contract
By signing a public procurement contract, the contractor undertakes to perform the contract not only in compliance with the wording of the contract, but also in compliance with the contractor’s tender and the terms of reference for the procurement. The quality provided by the contractor must meet the expectations of the contracting authority.
New guidelines from the European Commission on de minimis agreements
A communiqué from the European Commission on de minimis agreements exempt from TFEU Art. 101 has been published in the Official Journal of the European Union.
Overwhelming evidence
Poland’s rules of civil procedure require the parties to present all their evidence at the very beginning of the case. This is supposed to expedite the proceedings. But is it counterproductive?
Do windmills and power lines spoil the landscape?
The Polish Parliament is working on a bill known as the “Landscape Act,” which is intended to introduce effective mechanisms for protecting the landscape. But an unintended consequence could be to block the construction of aerial masts, power lines and wind turbines, rather than merely regulate their location.
The convenience of the procurement procedure does not justify departing from the law
A lawyer who wants to win a tender has to face an exam after the bids are opened. It’s like retaking the bar exam, but the contracting authority scores the exam however it likes. Whoever gets the best score wins.
Sooner is not always better
In contracts, the precise formulation of deadlines and the need for one or both parties to comply with them can prevent surprises in the form of an obligation to take early delivery or make early payment.
Can an employer require an employee to take a breathalyser test?
An employer cannot admit a drunk employee to work. But may the employer subject the employee to a breathalyser test? What other evidence can the employer use if the employee is fired and appeals to the labour court?
Refiling of a trademark doesn’t always protect the holder against sanctions for failure to use the mark
Recent EU case law shows that the owner of a trademark refiling the same mark in order to evade the requirement to use the mark should expect to be accused of acting in bad faith and required to prove actual use of the mark, even if less than 5 years has passed since registration of the mark.
Buying on the cheap is no crime—at least not under TFEU Art. 107
In the SARC case, the Court of Justice of the European Union has held that an advantageous licence from a public university does not necessarily constitute impermissible state aid. The case also provides important guidelines on when an undertaking may seek to annul a decision by the European Commission finding that a competitor has not received impermissible state aid under TFEU Art. 263.
Welcome to our new portal
The portal “In Principle”—created through the merger of the Litigation Portal and the Transactions Portal—is designed for managers and lawyers. We write simply about complex legal issues affecting business.
It is illegal to create virtual currencies without a licence?
The process of creating virtual currencies depends on the model used for the currency. In some instances it is a centralised process, where it is easy to identify the entity responsible for creation of the currency. In other cases, it is a decentralised process, in which various—often anonymous—users of the decentralised system may be involved in creation of the currency.
