JARA DRAPAŁA & PARTNERS enabled its client – a consortium of German companies from the Bilfinger Berger Group – to participate in a procurement procedure for construction of a new combined-cycle cogeneration unit at the power plant Dolna Odra, belonging to the PGE Group. This was possible due to a favorable decision from the District Court in Piotrków.

On behalf of JARA DRAPAŁA & PARTNERS the court proceedings were conducted by Prof. Przemysław Drapała (Partner) and Robert Siwik (Associate).

In December 2012 the court upheld the complaint brought by the law firm regarding the decision of the National Appeal Chamber. This means that the current interpretation of common courts (different from those of the National Appeal Chamber) has been strengthened, allowing contractors to obtain additional points in the evaluation of their tenders and requests at two-stage tenders for credentials and the potential made available to them by third parties.

It was the second precedential decision obtained by the law firm, which is important for companies applying for the award in public procurement proceedings, using knowledge, experience and technical potential of third parties.

The court shared the firm’s argumentation that the provisions of the Public Procurement Law do not impose any restrictions on the admissibility of proving compliance with the conditions for participation in the proceedings with knowledge and capacity of third parties. Furthermore, the court ruled that the contractor is not prohibited from using the same evidence in order to obtain more points on the ranking list.

The first decision adopting the aforementioned interpretation was obtained by JARA DRAPAŁA & PARTNERS on 13 September 2012 at the District Court in Katowice in a case regarding a tender for the construction of a combined-cycle unit at the power plant in Katowice.