Topic: Achmea

Investor drops intra-EU claim against Denmark

A Lithuanian businessman has dropped his ICSID claim against Denmark, saying the Achmea judgment and the agreement by EU member states to terminate their intra-EU BITs have “severely impeded” the arbitration and prospects for enforcement.

21 October 2021

Final voucher award rubber-stamped at ICSID

An ICSID committee has upheld the last of three intra-EU BIT awards in favour of French voucher companies against Hungary, ruling that a tribunal was within its rights to conclude the Achmea decision had no bearing on its jurisdiction.

21 October 2021

ECJ seeks to conquer new territories after Achmea

Tomas Vail of London boutique Vail Dispute Resolution considers the European Court of Justice’s recent ruling that the Energy Charter Treaty does not cover intra-EU investment disputes.

14 October 2021

Spain marks 50th renewables claim as new reforms roil investors

Spain has been hit with its 50th treaty claim from renewable energy investors and a fresh US enforcement action, as surprise reforms to the sector announced last week raise the prospect of yet more claims.

21 September 2021

ECJ says ECT doesn’t cover intra-EU disputes

The European Court of Justice has issued a landmark ruling that the investor-state arbitration clause in the Energy Charter Treaty does not cover intra-EU investment disputes.

02 September 2021

Annacker quits ICSID panel over Achmea conflict

Dechert partner Claudia Annacker has resigned as tribunal chair in the first ICSID case against Denmark because of an alleged issue conflict relating to Achmea – as the claimant invokes a settlement procedure under the EU’s multilateral treaty for the termination of intra-EU BITs.

24 August 2021

Hungary fails to upend another intra-EU BIT award

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

Solar award triggers EU state aid probe

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

Advocate general urges CJEU to rule against Miculas

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

Intra-EU award against Hungary upheld

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

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