Topic: Achmea

An ICSID committee has upheld a €5.2 million award in favour of a Portuguese cake and biscuit producer against Hungary, ruling that it is not bound by the European Court of Justice’s ruling on intra-EU bilateral investment treaties in the Achmea case.

20 July 2021

The European Commission says it has begun an in-depth investigation to assess whether a €101 million Energy Charter Treaty award requiring Spain to compensate investors for changes to its renewable energy subsidy regime accords with EU state aid rules.

19 July 2021

An adviser to the Court of Justice of the European Union (CJEU) has sided with the European Commission in its battle to prevent Romania from paying a €178 million ICSID award in favour of the Micula brothers.

05 July 2021

Hungary has failed to annul a €73 million ICSID award in favour of French food voucher services company Sodexo Pass International based on the Achmea ruling.

25 May 2021

The Netherlands has asked a German court to declare that two Energy Charter Treaty claims brought against it by German energy companies are inadmissible in light of the Achmea decision.

18 May 2021

John Gaffney, senior counsel at Al Tamimi & Company in Abu Dhabi, revisits the issue of Achmea's effect on international commercial arbitrations involving the interpretation or application of EU law, noting that the recent opinion of Advocate General Szpunar in a case relating to the Energy Charter Treaty does nothing to dispel fears concerning their permissibility.

25 March 2021

An ICSID tribunal hearing a Czech energy conglomerate’s Energy Charter Treaty claim against Bulgaria has refused to throw out the case based on the European Court of Justice ruling in Achmea.

05 March 2021

An advocate general of the European Court of Justice has advised that arbitration of intra-EU investor-state disputes under the Energy Charter Treaty is barred by EU law in light of Achmea, while raising the possibility such claims could be brought in national courts.

03 March 2021

A Swedish court has for the first time agreed to ask the European Court of Justice whether its decision in Achmea bars intra-EU investment disputes under the Energy Charter Treaty.

01 March 2021

After putting paid to intra-EU BITs, it is only a matter of time before the European Commission begins interfering with commercial arbitration, Robert Volterra warned in a keynote speech at GAR Interactive DACH.

26 February 2021