Skip to main content
Law
Competition Policy

Observations provided by the Commission to other courts

List of observations provided by the Commission to others, e.g. arbitration courts

2020

Case | Micula

Other Court | United States District Court for the District of Columbia

Type of observation | Amicus curiae

Commission observation | 21/04/2020 en

Judgment |

Summary & background | Enforcement of ICSID investment arbitration award. Conflict between EU State aid rules and the content of ICSID award – Commission decision SA.38517. Conflict between EU Law and a Bilateral Investment Treaty - EU Law supremacy and direct effect.

 

2019

Case | Masdar Solar & Wind Cooperatief U.A.

Other Court | United States District Court for the District of Columbia

Type of observation | Amicus curiae

Commission observation | 03/05/2019 en

Judgment |

Summary & background | Enforcement of an investment arbitration award against Spain based on the Energy Charter Treaty (ECT). Conflict between EU State aid rules and content of award – Commission decision SA.40348.
 

Case | Foresight Luxembourg Solar

Other Court | United States District Court for the Southern District of New York

Type of observation | Amicus curiae

Commission observation | 03/05/2019 en

Judgment |

Summary & background | Enforcement of an investment arbitration award against Spain based on the Energy Charter Treaty (ECT). Conflict between EU State aid rules and content of award – Commission decision SA.40348. The ECT does not have intra-EU application - EU Law supremacy and direct effect.
 

Case | Eiser Infrastructure Limited and Energia Solar Luxembourg S.A.R.L

Other Court | United States District Court for the District of Columbia

Type of observation | Amicus curiae

Commission observation | 18/03/2019 en

Judgment |

Summary & background | Enforcement of an investment arbitration award against Spain based on the Energy Charter Treaty (ECT). Conflict between EU State aid rules and content of award – Commission decision SA.40348. The ECT does not have intra-EU application - EU Law supremacy and direct effect.

 

2018

Case | Micula

Other Court | United States District Court for the District of Columbia

Type of observation | Amicus curiae

Commission observation | 11/12/2018 en

Judgment |

Summary & background | Enforcement of ICSID investment arbitration award. Conflict between EU State aid rules and the content of ICSID award – Commission decision SA.38517. Conflict between EU Law and a Bilateral Investment Treaty - EU Law supremacy and direct effect.
 

Case | EISER v. Spain

Other Court | ICSID

Type of observation | Amicus curiae 12/11/2018 en

Commission observation | 11/06/2020 en

Judgment | Decision 11/06/2020

Summary & background | Annulment of an investment arbitration award against Spain based on the Energy Charter Treaty (ECT). Conflict between EU State aid rules and content of award – Commission decision SA.40348.

 

2016

Case | Hellenic shipyards

Other Court | International Court of Arbitration of the International Chamber of Commerce

Type of observation |

Commission observation | 04/07/2016 en

Judgment |

Summary & background | Observation on the interim measures
 

Case | Micula

Other Court | United States Court of Appeals for the Second Circuit

Type of observation | Amicus curiae

Commission observation | 04/02/2016 en

Judgment |

Summary & background | Enforcement of ICSID investment arbitration award. Conflict between EU State aid rules and the content of ICSID award – Commission decision SA.38517. Conflict between EU Law and a Bilateral Investment Treaty - EU Law supremacy and direct effect.

 

2015

Case | Micula

Other Court | United States District Court for the District of New York

Type of observation | Amicus curiae

Commission observation | 26/06/2015 en

Judgment |

Summary & background | Enforcement of ICSID investment arbitration award. Conflict between EU State aid rules and the content of ICSID award – Commission decision SA.38517. Conflict between EU Law and a Bilateral Investment Treaty - EU Law supremacy and direct effect.

 

2014

Case | N/A

Other Court | International arbitration court

Type of observation | Request for opinion

Commission observation | 19/09/2014 en

Judgment | 06.05.2016 de

Summary & background | "Does the fact that a Member State refrains from notifying the European Commission of a transaction with an alleged excessive purchase price paid by that Member State to a company in another Member State result in a breach of Article 107 and/or Article 108 TFEU?"