Topic: Achmea

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

Netherlands asks German court to halt ICSID claims

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

We need to talk about Achmea (again)

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

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