In a striking new episode of the long-running Micula saga, the General Court of the CJEU has quashed the European Commission’s 2015 decision that Romania’s payment of the €178 million…

…used by the DG Competition Authority (part of the Commission) to investigate the Micula award (ICSID Case No. ARB/05/20). The outcome of the investigation concluded the illegality of the ICSID…

…ICSID Convention could not be affected by the EU duty of sincere co-operation (in this case, the question of whether the award obtained by the Micula brothers against Romania constitutes…

…be aware that further trouble likely awaits at the enforcement stage. One may recall the Commission’s (in)famous decision in 2015, prohibiting Romania from complying with the Micula v. Romania (I)…

…arbitrations result in an award that is not to its liking, as it did in the Micula case (Cases T‑624/15, T‑694/15 and T‑704/151)Technically the cases were brought by the Micula

…investment law. Marc Bungenberg further remarked that the Micula case was already paradigmatic of a shock of cultures between EU law and international investment law. The material standards of protection…

…basis that it constitutes illegal state-aid, as it is currently doing in the Micula enforcement proceedings. Yet, even if this approach is successful in Micula (which is far from certain),…

…have been foreseen and cracks appeared long ago before Achmea, especially in the context of the Micula case against Romania. So, an Achmea judgment was something inevitable – it had…