Observations provided by the Commission to other 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?"