2025
Case | Infrastructure Services Luxembourg and Energia Termosol v. Spain
Other Court | UK Supreme Court
Type of observation |
Commission observation | EC Written Intervention of 16/10/2025 (available in EN language)
Judgment | Judgment of 04/03/2026
Summary and background | Execution of investment arbitral award – ECT convention –The notion that Union law precludes intra-EU investment arbitration flows directly from fundamental principles of the EU legal order and was established long before the Respondents initiated their arbitration against Spain was initiated. The interpretation reached by the CJEU is a permissible interpretation of Article 26 ECT on application of the VCLT and hence, there is no conflict of norms.
Case | 1618/19 NEXTERA ENERGY GLOBAL HOLDINGS B.V. and NEXTERA ENERGY SPAIN HOLDINGS B.V. v. Kingdom of Spain
Other Court | United States District Court for the District of Columbia Circuit
Type of observation | Amicus curiae
Commission observation | EC Observation of 26/02/2025 (available in EN language)
Judgment |
Summary and 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.
2024
Case | 7031/23 NEXTERA ENERGY GLOBAL HOLDINGS B.V., et al. v. Kingdom of Spain, 7032/23 9REN HOLDING S.À.R.L. v. Kingdom of Spain,7038/23 BLASKET RENEWABLE INVESTMENTS, LLC v. Kingdom of Spain
Other Court | United States Court of Appeals for the District Court of Columbia Circuit
Type of observation | Amicus curiae
Commission observation | EC observation of 23/09/2024 (available in EN language)
Judgment |
Summary and 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.
2023
Case | 7031/23 NEXTERA ENERGY GLOBAL HOLDINGS B.V. and NEXTERA ENERGY SPAIN HOLDINGS B.V. v. Kingdom of Spain
Other Court | United States District Court of Appeals for the District of Columbia Circuit
Type of observation | Amicus curiae, Commission observation of 06/06/2023 (available in EN language)
Judgment |
Summary and 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 | 7032/23 9REN HOLDING S.À.R.L. v. The Kingdom of Spain
Other Court | United States District Court of Appeals for the District of Columbia Circuit
Type of observation | Amicus curiae
Commission observation | Commission observation of 06/06/2023 (available in EN language)
Judgment |
Summary and 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 | 7038/23 Blasket Renewable Investments, LLC v. Kingdom of Spain Other
Other Court | United States District Court of Appeals for the District of Columbia Circuit
Type of observation | Amicus Curiae
Commission observation | Commission observation of 06/07/2023 (available in EN language)
Judgment |
Summary and 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 | 1081/20 WATKINS HOLDINGS S.À R.L. & WATKINS (NED) B.V., v. Kingdom of Spain
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae
Commission observation | Commission observation of 27/04/2023 (available in EN language)
Judgment |
Summary and 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.
2022
Case | 2403/22 BAYWA R.E. AG. v. Kingdom of Spain
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae
Commission observation | Commission observation of 19/12/2022 (available in EN language)
Judgment |
Summary and 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 | 3232/21 RWE RENEWABLES GMBH and RWE RENEWABLES IBERIA S.A.U. v. Kingdom of Spain
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae
Commission observation | Commission observation of 30/09/2022 (available in EN language)
Judgment |
Summary and 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 | 3249/21 AES SOLAR ENERGY COÖPERATIEF U.A. and AMPERE EQUITY FUND B.V. v. Kingdom of Spain
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae
Commission observation | Commission observation of 20/05/2022 (available in EN language)
Judgment |
Summary and 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 | 2463/21 HYDRO ENERGY 1, S.À.R.L. and HYDROXANA SWEDEN AB v. The Kingdom of Spain
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae, Commission observation of 17/03/2022 (available in EN language)
Judgment |
Summary and 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.
2021
Case | 1753/18 INFRASTRUCTURE SERVICES LUXEMBOURG S.A.R.L. and ENERGIA TERMOSOLAR B.V. v. Kingdom of Spain
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae
Commission observation | Commission observation of 17/09/2021 (available in EN language)
Judgment |
Summary and 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 | 817/20 INFRARED ENVIRONMENTAL INFRASTRUCTURE GP LIMITED et al. v. Kingdom of Spain
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae
Commission observation | Commission observation of 16/02/2021 (available in EN language)
Judgment |
Summary and 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 | 1708/20 CUBE INFRASTRUCTURE FUND SICAV et al., v. Kingdom of Spain
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae
Commission observation | Commission observation of 04/01/2021 (available in EN language)
Judgment |
Summary and 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.
2020
Case | 3783/19 RREEF INFRASTRUCTURE (G.P) LIMITED and RREEF PAN-EUROPEAN INFRASTRUCTURE TWO LUX S.A.R.L. v. Kingdom of Spain
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae
Commission observation | Commission observation of 14/12/2020 (available in EN language)
Judgment |
Summary and 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 | Micula
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae
Commission observation | Commission observation of 21/04/2020 (available in EN language)
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 | 1148/18 NOVENERGIA II – ENERGY & ENVIRONMENT (SCA) v. Kingdom of Spain
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae
Commission observation | Commission observation of 28/02/2019 (available in EN language)
Judgment |
Summary and 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 | Masdar Solar & Wind Cooperatief U.A.
Other Court | United States District Court for the District of Columbia
Type of observation | Amicus curiae
Commission observation | Commission observation of 03/05/2019 (available in EN language)
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 | Commission observation of 03/05/2019 (available in EN language)
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 | Commission observation of 18/03/2019 (available in EN language)
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 | Commission observation of 11/12/2018 (available in EN language)
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 observation of 12/11/2018 (available in EN language)
Commission observation | Commission observation of 11/06/2020 (available in EN language)
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 | Commission observation of 04/07/2016 (available in EN language)
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 | Commission observation of 04/02/2016 (available in EN language)
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 | Commission observation of 26/06/2015 (available in EN language)
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 | Commission observation of 19/09/2014 (available in EN language)
Judgment | Judgment of 06.05.2016 (available in DE language)
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?".