DWF Poland’s Public Procurement & Contracts team advised the consortium of NDI S.A. and Doğuş İnşaat Ve Ticaret A.Ş. in the tender procedure for the largest road procurement in Poland’s history – the delivery of a key section of the S6 expressway, consisting in the construction of a five‑kilometre tunnel under the Oder River, as part of the Szczecin Western Bypass, which will be the longest road tunnel in Poland. The value of the winning bid was PLN 5.3 billion, making this project one of the most significant and technically demanding infrastructure investments in the country.
The proceedings before the National Appeal Chamber (KIO) involved not only technical issues and an evaluation of price, but above all the implications of the judgments of the Court of Justice of the European Union in the Kolin and Qingdao cases, as well as the amendment to the Public Procurement Law of 9 July 2025, which introduced new rules regarding contractors from so‑called ‘third countries’ and established transitional provisions.
At the heart of the dispute were questions concerning the scope of permissible participation of non-EU contractors, related obligations of the contracting authority, and the application of transitional provisions to procurement procedures that were initiated prior to the amendment entering into force.
In its judgment of 25 February 2026, the National Appeal Chamber dismissed all allegations raised by the challenging consortium of PORR S.A. and Gülermak S.A., thereby upholding the selection of the consortium led by NDI S.A. with Doğuş İnşaat Ve Ticaret A.Ş. as its partner. This ruling is of considerable importance for the practice of applying regulations governing access of third‑country operators to the European Union public procurement market.
The value and technical scale of the project, combined with an exceptionally complex and evolving regulatory landscape made this one of the most challenging proceedings of recent years.
“This case required exceptionally sophisticated legal analysis at the intersection of national and EU law. In the context of such a strategically significant infrastructure investment, assessing the contracting authority’s compliance with the law becomes multidimensional and demands consideration of both domestic regulations and the dynamically developing CJEU case law. The key issue was correctly interpreting the relationship between transitional provisions and the CJEU judgments, which redefined the notion of ‘automatic access’ for third‑country entities to the EU public procurement market. The contracting authority – the General Directorate for National Roads and Motorways (GDDKiA) – assessed the bids on the basis of the legal framework in force on the date of selection and acted within the limits of its competences. It was not automatically obliged to exclude a consortium that included a Turkish entity. The KIO’s decision confirms the correct application of the Public Procurement Law, the proper implementation of CJEU judgments, and strengthens the stability and predictability of procurement principles in major infrastructure projects,” said Łukasz Gembiś (Advocate, Local Partner), Head of the Public Procurement & Contracts Team at DWF Poland, who – together with Paulina Sawicka (Advocate, Counsel) – advised and represented the successful consortium.of NDI S.A. and Doğuş İnşaat Ve Ticaret A.Ş.