|
Nonetheless, this obligation arises under fundamental principles of the functioning of EU law in the legal systems of the member states. The Court of Justice held long ago, including in the Simmenthal case (C-106/77) in 1978, that if there is a true conflict between a rule of Community law and a rule of national law, the Community law should be applied directly, without the need to wait for implementation. In other cases, such as Fratelli Costanzo SpA (C-103/88) in 1989 and Ciola (C-224/97) in 1999, the Court of Justice held that it is not only courts that must refrain from applying national regulations inconsistent with Community regulations, but also administrative bodies, which clearly imposes an obligation on contracting authorities in this respect. So even though the 2014 procurement directives have not been implemented into Polish law yet, where their provisions are unconditional and sufficiently precise, they must be applied nonetheless.
|