Brak zapewnienia pewności prawnej jako przesłanka roszczeń odszkodowawczych. Analiza prawno-porównawcza
Failure to ensure legal certainty as a basis for damage claims. A legal and comparative analysis

Summary/Abstract: The article discusses the issue of a relationship between the failure to ensure legal certainty related to reasonable and legitimate expectations and possible claims for damages lodged by private entities against the host country. The changes in the system of regulation of investments in wind power plants in Poland which affected the profitability of such ventures were an impulse for analysing this issue. The presentation of changes in the regulatory environment of wind power plants in Poland combined with an analysis of changes in the methods of acknowledgement of liability for damages in French law may result in very interesting conclusions for both the Polish legislators and private operators engaged in wind power generation. The French jurisprudence and doctrine may provide a wider spectrum of potential legal grounds for compensation claims in the this field and provide an impulse for further more detailed analysis.

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