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The National Appeal Board [NAB] today dismissed in full an appeal filed by one of the private partners taking part in a procedure run by the City of Poznan by way of a competitive dialogue to select a private partner to build and exploit a waste incinerator in Poznan. The private partner appealed against the contents of the Terms of Reference as in the private partner's view, the tender submission period was too short , an error had been made in establishing the public entity as regards VAT rate, and the provisions of the PPP agreement were incompliant with the law. The City of Poznan, represented by experts from the DZP law firm, Magdalena Zabłocka, Wojciech Hartung and Izabela Prokofi, motioned for the appeal to be dismissed in full.
It was demonstrated that the 85-day term for submitting tenders had been set with all due care and based on the specifics of the competitive dialogue procedure and on the information provided to the private partners during the procedure. Moreover, the term was dictated by the venture performance timetable, compliance with which is one of the requirements for the City to receive EU funding.
DZP showed that the VAT rate given by the City in the ToR was set correctly, exclusively for the purpose of calculating the price in a way that allowed tenders submitted to be compared. DZP also raised the point that the private partner's allegation as to the contract contents not complying with the law was unfounded, as a PPP contract is a civil law contract whose contents are shaped in accordance with the principle of the freedom to contract and should take into account the justified interests of the City.
The NAB upheld the City of Poznan's arguments in full. The judgment is extremely important as it allows the procedure to be continued effectively and eliminates at this stage any risk of delay, which is also material in terms of obtaining and accounting for EU funds.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: iod@dzp.pl.
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