The amendment of 21 May 2025 introduces a number of procedural changes to the legal protection measures (Division IX of the Public Procurement Law (PPL)), including remote hearings and sittings of the National Appeals Chamber (KIO), new time limits and evidentiary obligations, and more flexible methods of submitting pleadings. The changes to the PPL will apply from 13 March 2026 (9 months after publication), with transitional provisions for pending cases.

The most important changes in legal protection measures (KIO)

1) Pleadings and their service

• The obligation to send copies of pleadings to KIO simultaneously to the parties and participants and to attach proof of sending or a statement that they have been sent (new wording of Article 507 PPL).

• During an in-person hearing – pleadings submitted “in the courtroom” must include copies for the parties/participants (Article 508(3) PPL). During a remote hearing/sitting – pleadings exclusively in electronic form, and if this is not possible (e.g. for the reasons specified in Article 65(1) PPL), the method of submission is indicated by the presiding member (Article 508(4) PPL).

2) Remote hearings and remote sittings

• Public hearings/sittings may be held remotely if the nature of the action allows it and full protection of the parties’ rights and the proper course of proceedings are ensured (new Article 508a(1) PPL).

• The adjudicating panel and the minute-taker are in the courtroom; the others (parties/participants) may connect remotely (Article 508a(2) PPL).

• The President of the UZP will publish in the Public Information Bulletin (BIP) the technical requirements for remote participation (Article 508a(3) PPL).

Practical note: KIO may refuse remote participation (by an order, not subject to a complaint to the court) if the conditions on the participant’s side are “incompatible with the dignity of the Chamber” or hinder the proceedings – in which case the participant is deemed not to have appeared (Article 549(5)-(6) PPL).

3) Power of attorney

• Oral power of attorney for the record – the amendment confirms the practice that in the course of appeal proceedings it may be granted at a hearing/sitting by a statement of a party/participant entered in the minutes (Article 511(1a) PPL).

4) Obligations and time limits on the contracting authority’s side

• Response to the appeal: the time limit is set by the President of KIO, but it may not be shorter than 5 days from the forwarding of the appeal/copy; the response must contain the position, including pleas/assertions and evidence (Article 521 PPL).

• Notification of contractors: within 2 days of receiving the appeal, the contracting authority forwards it (or a copy) to the other participants; if it concerns the notice/procurement documents – it publishes it on the website and invites contractors to intervene (Article 524 PPL).

5) Intervention by contractors

• 3 days to notify intervention from the date of receipt of the appeal/copy; it is necessary to indicate the party, the interest, the assertions and the evidence; the notification is delivered to the President of KIO and sent to the contracting authority and the appellant. Of course, the document confirming authorisation must be attached (Article 525(1)-(2) PPL) to the annexes.

6) Evidentiary regime

• An evidentiary motion must unambiguously identify the evidence and the facts to be proven (Article 534(1a) PPL).

• General rule: evidence is presented with the appeal, the response, the intervention or at the latest on the day preceding the scheduled date of the hearing/sitting – otherwise the right to rely on evidence in the course of the proceedings is lost (Article 535(1) PPL). There are exceptions: where earlier obtaining was not possible or the need to rely on it arose in the course of the case – then until the close of the hearing (Article 535(2) PPL).

• The sanction for late evidence has also been clarified in the grounds for issuing a judgment without taking evidence – if the evidence was “relied on only for the purpose of delay” or the party/participant lost the right to rely on it (amended Article 541 PPL).

7) Time limits and organisation of the hearing

• The time limit for hearing the appeal runs – where there was a request under Article 518(1) – from the date of supplementing/correcting the appeal or submitting proof of payment of the fee/authorisation (Article 544(1) second sentence PPL). The President of KIO may order a remote hearing or a remote sitting (Article 544(3a) PPL).

• The hearing may be preceded by a public sitting (Article 545(1) PPL).

• Service of rulings: the ruling or a copy with the statement of reasons is served without delay after the statement of reasons has been drawn up (Article 560 PPL).

Transitional provisions

• Appeal cases initiated and not completed before 13 March 2026 – the existing wording of the PPL applies.

• Appeals lodged after 13 March 2026 but concerning procedures/contests commenced earlier – the existing wording of the PPL also applies.

• Exception: appeals against failure to initiate a procedure or to organise a contest – the new provisions apply (after 13 March 2026). (Article 44 of the deregulation act)