Observations to other 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?"