DZP wins a precedential case – paving the way to the conclusion of a concession contract for bus/tram shelters in Warsaw

On Thursday, 21 March, the Voivodship Administrative Court dismissed an appeal filed by a consortium of CAM Polska Outdoor Sp. z o.o. and CAM Media S.A. against the selection of the consortium of AMS S.A. and Ströer Polska as the entity that would build 1,580 bus/tram shelters and then operate them in exchange for advertising revenue. This saw the removal of the last legal obstacle to Warsaw concluding a concession contract with the winner, the AMS S.A. and Ströer Polska Consortium.

The court confirmed, inter alia, that during the procedure the City had not been able to decide whether procedure participants had concluded anti-competition agreements as an assessment in this respect could only have been made by the President of the Competition and Consumer Protection Office or a common court. The court stated that the City's actions at the bid examination stage were lawful and that the bid submitted by AMS and Ströer complied with the law and the City's requirements.

DZP has been legal adviser to the Public Transport Authority for the capital city of Warsaw throughout the concessionaire selection procedure. It is also representing the City in administrative court proceedings. The DZP lawyers representing the City were Magdalena Zabłocka, attorney-at-law and Senior Associate in the Infrastructure and Energy Practice.