2025
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?"