Topic: Achmea

An ICSID committee has rejected Spain’s attempt to annul a €77 million Energy Charter Treaty award won by affiliates of London-based private equity firm Bridgepoint Advisers, despite finding that the award contained unclear findings and an error on damages.  

23 February 2023

A US judge hearing two actions by solar investors to enforce ICSID awards worth a combined €333 million against Spain has issued injunctions to prevent the state from trying to halt the proceedings through litigation in the Netherlands and Luxembourg.

16 February 2023

A Hungarian oil and gas group that won a US$237 million ICSID award against Croatia after defeating the state’s bribery defence has moved to enforce it in a US court, putting the award in the public domain.

26 January 2023

The Swedish courts have set aside intra-EU investment treaty awards made against Poland and Spain based on the European Court of Justice’s rulings in Achmea and Komstroy.

14 December 2022

The Irish Supreme Court has ruled that ratifying the EU-Canada trade agreement known as CETA would breach the country’s constitution by infringing juridical sovereignty – a move that commentators have called “Ireland’s Achmea moment”.

22 November 2022

A judge in Amsterdam has refused to order a Dutch investor to terminate an intra-EU bilateral investment treaty arbitration against Poland on the basis of the Achmea ruling.

19 October 2022

An ICSID tribunal has ruled Spain must compensate a group of German investors for reforms to its renewable energy subsidy regime, while other disputes over the same measures have seen failed reconsideration requests and an unsuccessful enforcement bid in Colombia.

16 September 2022

UPDATED: A German court has declared that two ICSID claims brought by German energy companies against the Netherlands are inadmissible as they are incompatible with EU law.

07 September 2022

The Polish government has prepared draft legislation to withdraw the country from the Energy Charter Treaty, citing the need to comply with EU law and a lack of progress in efforts to modernise the treaty. 

02 September 2022

London-listed oil and gas company Rockhopper Exploration says it has won €190 million plus interest in an Energy Charter Treaty claim over Italy’s refusal to grant a concession for an oilfield on the country’s Adriatic coast.

24 August 2022