Organisation: Council of the European Union

Hungary at odds with EU over declaration on Komstroy

Hungary has broken with other EU member states over their understanding of the effects of the European Court of Justice’s ruling in Komstroy – declaring that international law requires the Energy Charter Treaty be amended by its signatories to ensure its non-applicability to intra-EU disputes. 

03 July 2024

EU notifies withdrawal from Energy Charter Treaty

The European Union has formally notified its withdrawal from the Energy Charter Treaty, as member states sign a declaration on the inapplicability of the treaty’s arbitration provisions to intra-EU disputes.

27 June 2024

EU Council votes to join Mauritius Convention

In a long-awaited development, the Council of the European Union has authorised the EU to sign the Mauritius Convention on transparency in ISDS. 

26 June 2024

Two ECT panels rule against Spain

ICSID tribunals have handed down decisions in two Energy Charter Treaty cases against Spain arising from changes to its incentives regime for renewable energy – holding the state liable in one case and ordering it to pay damages in the other. 

07 June 2024

EU Council gives final approval for exit from Energy Charter Treaty

The Council of the European Union has given the “final green light” for the withdrawal of the EU and its nuclear agency from the Energy Charter Treaty under a compromise that it hopes will break the deadlock over the treaty’s modernisation.   

31 May 2024

EU Commission proposes invoking ECT’s denial of benefits clause

The European Commission has proposed that the EU should invoke the Energy Charter Treaty’s denial of benefits clause to withdraw protections for Russian and Belarusian investors.

10 April 2024

European Commission explains plan for ECT withdrawal

The European Commission has been explaining its plan for EU member states’ “coordinated withdrawal” from the Energy Charter Treaty ahead of a vote on the issue by the European Parliament.

28 March 2024

EU Council approves withdrawal from ECT

The Council of the European Union has approved a proposal to withdraw the EU from the controversial Energy Charter Treaty – as the treaty’s depositary Portugal becomes the latest member state to confirm its date of exit.

08 March 2024

ECT parties delay vote on treaty reform

Contracting parties to the Energy Charter Treaty have delayed a vote that was due to take place today on whether to adopt a modernised version of the controversial treaty – after EU member states failed to agree on whether to support the reforms.

22 November 2022

ECJ refuses to rule on ECT amendments

The European Court of Justice has declined Belgium’s request to rule on the compatibility of proposed amendments to the Energy Charter Treaty with EU law, saying said it would be “premature” to do so while changes are still being debated.

17 June 2022

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