The Liability of Public Authorities for “Legal Damages” During the Covid-19 Pandemic

The outbreak of the Covid-19 pandemic caused numerous changes in socio-economic life around the world. All countries around the world faced the challenge of dealing with the effects of the pandemic. However, the actions taken by the public authorities have not been without detriment to various spheres of human activity, in particular the sphere of economic activity. As a result, the affected entrepreneurs have suffered numerous losses, for which it is necessary to find an appropriate legal basis. For this reason, the chapter considers whether, and if so to what extent, a public authority may be held liable for Covid damages caused to entrepreneurs when the intrusive actions of the authority have been assessed as lawful. The analysis concerns the admissibility of holding public authorities liable for legal damages both in Poland and Germany.