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14.05.2014
On Tuesday, 13 May 2014 the Supreme Administrative Court dismissed a cassation appeal filed by the CAM Polska Outdoor sp. z o.o./CAM Media S.A. consortium over the bid submitted by the AMS/Stroer Polska consortium being selected in a procedure to construct and operate bus/tram shelters by way of a concession for works conducted by the Public Transport Authority in Warsaw. This was the last court case related to the concession procedure. It was also one of the first cases to be heard by the SAC pursuant to the provisions of the Concessions Act and the adjudication may be extremely important for the development of the PPP (concession projects) market in Poland.
When dismissing the cassation appeal, the SAC upheld DZP's argumentation in full, confirming that the steps taken by Warsaw when conducting the procedure and selecting the bid submitted by the AMS/Stroer Polska consortium had been correct. In its oral statement of reasons, the SAC stressed that the administrative court controls the legality of steps taken by a contracting authority solely in terms of the Concessions Act. As the court stressed, when conducting the procedure the contracting authority has to observe the principles of fair competition, transparency and equality, and this was done in Warsaw. The court confirmed that, when conducting the procedure and assessing bids submitted by contractors, a contracting authority does not have to assess the legal relations between contractors competing for a concession contract (e.g. the choice of consortium form) in terms of anti-monopoly regulations. For example, whether the consortium members, when competing for a concession contract, concluded for this purpose an anti-competitive agreement is assessed solely by the President of the Competition and Consumer Protection Office and a common court, not the city or an administrative court. The city should, however, take into consideration anti-monopoly authority decisions, if any were issued during the procedure.
DZP was legal adviser to the Public Transport Authority in Warsaw when it was preparing and conducting the procedure and also represented Warsaw in proceedings before administrative courts. The DZP lawyer representing Warsaw was Magdalena Zabłocka, attorney-at-law and Senior Associate in the Energy & Infrastructure Practice.
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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