Poland reshapes appeal proceedings before the National Appeals Chamber, creating new opportunities and challenges for contractors

On 13 March 2026, significant changes to appeal proceedings before the National Appeals Chamber, introduced by the Act dated 21 May 2025 amending certain acts to deregulate economic and administrative law and improve the principles of developing economic law provisions (Journal of Laws from 2025, item 769), will come into effect. For contractors, these changes represent both new opportunities and additional obligations, ignorance of which may have serious consequences.

Recall that the National Appeal Chamber (Krajowa Izba Odwoławcza – KIO) was established as a special body to resolve disputes related to public procurement processes in Poland. This body is existing separately from the civil courts scheme and is the first level for appeals related to public procurement. Entities competing for a contract may challenge the contracting authority's action by lodging an appeal. Such an appeal may be brought against any actions and omissions of the contracting authority carried out in the course of the procedure which are incompatible with the provisions of the Act dated 11 September 2019 on Public procurement law.

Remote hearings and sessions

The most important change to appeal proceedings before the National Appeals Chamber is the introduction of the possibility of remote participation in hearings and sessions before this chamber. This solution already exists in the Code of Civil Procedure and is applied, among other things, when examining appeals against chamber rulings. Now it is set to cover appeal proceedings as well. This solution is intended to significantly facilitate matters for contractors and increase their access to legal protection measures.

Under the new provisions, if there are no obstacles to conducting a remote hearing or remote session - such as information being classified or a large number of participants in the proceedings - hearings and sessions will be held remotely. The decision on this matter will be made by the President of the National Appeals Chamber when setting the date for examining the appeal. Parties and participants in the proceedings will learn of the possibility of remote participation upon receiving notification of the hearing date.

Concentration of evidence before hearings or sessions

The new provisions introduce the principle of concentration of evidence before hearings or sessions. In practice, this means that parties and participants in appeal proceedings will be required to attach all documents and evidence cited in the filed appeal, response to the appeal, joinder to the proceedings, or other pleading submitted before the hearing. Failure to do so will result in the forfeiture of the right to invoke them later in the proceedings. This solution will allow the parties to review all evidence before the hearing and thus better prepare for it.

To implement this principle, the legislator imposes on the contracting authority the obligation to submit a response to the appeal within the time limit set by the President of the Chamber.

The principle of concentration of evidence is subject to exceptions. Parties and participants are not required to attach documents and evidence if these are already in the case file. Where it was not possible to obtain evidence in advance to support their claims or to rebut the opposing party's claims, or where the need to invoke such evidence arose in the course of the appeal proceedings, parties may submit such documents and evidence up until the close of the hearing.

Changes to the method of designating evidence

To facilitate the National Appeals Chamber's examination of evidentiary motions, the legislator has regulated the method of designating evidence in a manner analogous to court proceedings. A motion for the taking of evidence must designate the evidence in a manner enabling its examination and specify the facts to be proven by such evidence.

Obligation of mutual service between participants in appeal proceedings

The new provisions also provide for an obligation of mutual service between parties and participants in appeal proceedings. Any pleading submitted to the National Appeals Chamber must be accompanied by proof of transmission of the pleading or a copy thereof to the parties and participants in the appeal proceedings, or a declaration that the pleading or a copy thereof has been transmitted to them.