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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

Other Court

Type of observation

Commission observation

Judgment

Summary & background

Micula

United States District Court for the District of Columbia

Amicus curiae

21/04/2020
en

 -

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

Other Court

Type of observation

Commission observation

Judgment

Summary & background

Masdar Solar & Wind Cooperatief U.A.

United States District Court for the District of Columbia

Amicus curiae

03/05/2019
en

 -

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.

Foresight Luxembourg Solar

United States District Court for the Southern District of New York

Amicus curiae

03/05/2019
en

-

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.

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

United States District Court for the District of Columbia

Amicus curiae

18/03/2019
en

-

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

Other Court

Type of observation

Commission observation

Judgment

Summary & background

Micula

United States District Court for the District of Columbia

Amicus curiae

11/12/2018
en

 -

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.

EISER v. Spain

ICSID

Amicus curiae 12/11/2018
en

11/06/2020
en

Decision 11/06/2020

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

Other Court

Type of observation

Commission observation

Judgment

Summary & background

Hellenic shipyards

International Court of Arbitration of the International Chamber of Commerce

 -

04/07/2016
en

 -

Observation on the interim measures

Micula

United States Court of Appeals for the Second Circuit

Amicus curiae

04/02/2016
en

-

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

Other Court

Type of observation

Commission observation

Judgment

Summary & background

Micula

United States District Court for the District of New York

Amicus curiae

26/06/2015
en

-

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

Other Court

Type of observation

Commission observation

Judgment

Summary & background

N/A

International arbitration court

Request for opinion

19/09/2014
en

06.05.2016
de

"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?"