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Decision of the Constitutional Tribunal in respect of the issue of constitutionality of the court fee for lodging a complaint against a decision of the National Appeals Chamber

BSJP Brockhuis Jurczak Prusak Sp.k. - Warsaw Office

February 28, 2014

Economic operators applying for the award of a public contract, where in their opinion a violation of the provisions of ppl has taken place, and not agreeing with the position of the National Appeals Chamber, shall continue to be obliged, as far as public contracts of significant value are concerned, to pay  a court fee as high as PLN 5,000,000 in order to lodge a complaint with a regional court. It is of key importance that due to the facts of the case considered, the Tribunal deliberated on the constitutionality of charging a “proportionate fee” (5% of the value of the dispute). Constitutionality of the provision on court fees maximum value of which is set at the level of PLN 5,000,000 was not the subject of the examination. Separate complaints have been lodged with the Constitutional Tribunal in respect thereof; the date for their consideration has not yet been set.


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