Topic: Achmea
Miculas appeal to CJEU over ban on payment of ICSID award
The Micula brothers have lodged appeals at the Court of Justice of the European Union over a decision upholding a prohibition on Romania’s payment of a 12-year-old ICSID award on the basis of state aid rules.
15 January 2025
UK referred to CJEU over intra-EU BITs
The European Commission has referred the UK to the Court of Justice of the European Union over its failure to terminate several bilateral investment treaties with EU member states.
18 December 2024
SCC adopts new policy on seats in intra-EU treaty disputes
The SCC Arbitration Institute says its board will no longer select a seat of arbitration within the EU for cases under intra-EU investment treaties to ensure the enforceability of awards in such cases.
06 November 2024
UK appeal court rules out immunity defence to ICSID awards
The Court of Appeal of England and Wales has affirmed that states cannot rely on sovereign immunity to oppose the registration of ICSID awards rendered against them – dismissing appeals lodged by Spain and Zimbabwe.
22 October 2024
German constitutional court rejects Achmea complaints
Germany’s Constitutional Court has rejected a pair of complaints challenging the annulment of the Achmea award and the enactment of an agreement to terminate bilateral investment treaties between EU member states.
16 September 2024
Award creditor seizes Spanish air control assets in Belgium
A Belgian court has frozen US$32 million in revenues owed to Spain’s state-owned air traffic control company at the request of one of the country’s renewable energy award creditors.
11 July 2024
Swedish court sets aside another ECT award against Spain
The Svea Court of Appeal has set aside a €48 million Energy Charter Treaty award in favour of European solar investors against Spain, finding that as an intra-EU award it was incompatible with fundamental principles of Swedish and EU law.
04 July 2024
Italy sees another intra-EU award overturned in Sweden
A Swedish court has overturned a second Energy Charter Treaty award in favour of renewables investors against Italy on the basis it is incompatible with EU law.
17 June 2024
Maltese solar investor pursues Bulgaria over intra-EU award
A Maltese investor has asked a US court to enforce a €70 million Energy Charter Treaty award against Bulgaria in an intra-EU dispute over the state’s reforms to its renewable energy incentives regime.
17 June 2024
Italy overturns intra-EU award in Sweden
A Swedish court has invalidated an Energy Charter Treaty award that required Italy to pay €11 million to a Dutch renewable energy investor, finding it was incompatible with EU law.
31 May 2024