Actual Situations in which the FET Standard has been Applied
The FET standard may not be given a fixed content since it is a standard; therefore it is through its application to individual cases that it acquires content. An alternative method, therefore, for examining the content given to the FET is to analyse the actual situations in which it has been applied in existing case law. This chapter examines in detail, with extensive reference to case law, nine situations in which FET has been applied, namely: lack of respect for the obligation of vigilance and protection, denial of due process or procedural fairness, non-observance of the investor's legitimate expectations, coercion and harassment by the organs of the State, failure to offer a stable and predictable legal framework, unjustified enrichment, evidence of bad faith, absence of transparency, and arbitrary and discriminatory treatment.
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