Organisation: European Court of Justice

The European Commission has launched infringement proceedings against Hungary after the state broke with the rest of the European Union over the retroactive application of the Komstroy ruling on intra-EU arbitrations under the Energy Charter Treaty.

30 July 2024

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

One of the first awards to address the disruption of Russian gas supplies to Europe caused by the war in Ukraine has surfaced – shedding light on the legal consequences of a Putin decree requiring buyers to pay for gas in roubles. 

11 July 2024

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

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

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

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

Hungarian oil and gas group MOL has filed a new Energy Charter Treaty claim against Croatia, while it waits to see if the US courts will enforce a US$261 million award it won against the Balkan state two years ago.

21 June 2024

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

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