Abstract
The article deals with the issue of damages due to the violation of the Public Procurement Act of the contracting authority in the procurement procedure. The available case law is analyzed in detail, within which the right to compensation for damages was granted, consisting in the costs of participation in the tender procedure, which was canceled due to the contracting authority's mistake in formulating the tender conditions.
The approach of the court, which did not address the question of whether the injured party would have a chance to become a selected supplier, is particularly criticized. The causal link would be given only to the potentially selected supplier.
For all others, the costs would always be incurred in vain, ie regardless of the cancellation of the tender.