Topic: Achmea

Ireland’s Achmea moment?

The Irish Supreme Court has ruled that ratifying the EU-Canada trade agreement known as CETA would breach the country’s constitution by infringing juridical sovereignty – a move that commentators have called “Ireland’s Achmea moment”.

22 November 2022

Dutch court refuses to terminate intra-EU BIT claim

A judge in Amsterdam has refused to order a Dutch investor to terminate an intra-EU bilateral investment treaty arbitration against Poland on the basis of the Achmea ruling.

19 October 2022

Spain liable in another solar case

An ICSID tribunal has ruled Spain must compensate a group of German investors for reforms to its renewable energy subsidy regime, while other disputes over the same measures have seen failed reconsideration requests and an unsuccessful enforcement bid in Colombia.

16 September 2022

German court declares ICSID claims inadmissible

UPDATED: A German court has declared that two ICSID claims brought by German energy companies against the Netherlands are inadmissible as they are incompatible with EU law.

07 September 2022

Poland moves to exit ECT

The Polish government has prepared draft legislation to withdraw the country from the Energy Charter Treaty, citing the need to comply with EU law and a lack of progress in efforts to modernise the treaty.

02 September 2022

UK oil company wins ECT award against Italy

London-listed oil and gas company Rockhopper Exploration says it has won €190 million plus interest in an Energy Charter Treaty claim over Italy’s refusal to grant a concession for an oilfield on the country’s Adriatic coast.

24 August 2022

Luxembourg’s top court blocks Micula award

The Luxembourg Court of Cassation has quashed the enforcement of the Micula brothers’ ICSID award against Romania on the basis that the arbitration clause in the underlying investment treaty was nullified when the state joined the European Union.

18 July 2022

Bermann blasts ECJ at GAR Live Istanbul

US arbitrator and academic George Bermann has criticised the European Court of Justice at GAR Live Istanbul for “hypocrisy” and “opportunism” in its attack on intra-EU investment and (increasingly) commercial arbitration – while also highlighting “twilight issues” on which tribunals lack guidance.

18 July 2022

Tribunal upholds Spain's intra-EU objection

BREAKING: For the first time ever, an investment arbitration tribunal has upheld a state's intra-EU objection, handing Spain a landmark jurisdictional win in one of the many renewables-related Energy Charter Treaty claims it has faced.

22 June 2022

"Mixed signals": EFILA looks at the future of foreign investment in Europe

Speakers at the latest European Federation for Investment Law and Arbitration conference in Amsterdam discussed the future of foreign direct investment in Europe in the wake of "anti-ISDS" decisions of the CJEU such as Achmea, Komstroy and PL Holdings.

21 June 2022

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