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Observations provided by the Commission to other courts

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

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 February 2025 

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 September 2024

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 6 June 2023

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 6 June 2023

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 6 July 2023

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 April 2023

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 December 2022

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 September 2022

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 May 2022

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 March 2022

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 September 2021

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 February 2021

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 4 January 2021

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 December 2020

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 | 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 | 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 February 2019

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 | 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?"