On October 21, 2016 the new act on concession for construction works and services has been passed. The act constitutes an implementation in the Polish legal order of the directive of the European Parliament and the Council No. 2014/23 on granting the concession. The aim of the directive is to favor the public and private investments concerning the infrastructure and strategic services, i.a. to facilitate the carrying out of the projects in form of public-private partnership.
The new act implements to the national law the European provisions concerning in particular the transfer on the concessionaire the economic risk connected with the use of the building facilities and providing of services, including the risks connected with demand or supply.
The new act provides for also the legal protection measures, analogous as the Public procurement law, i.e. appeal to the National Appeals Chamber and the complaint to the common court.