…aid law. On 1 July 2021, Advocate General Szpunar issued his opinion in Micula, advising the Court of Justice of the European Union (‘CJEU’) to set aside the Micula judgment…
…unexpected (which, ironically, is inevitable). Enforcing Micula Here is one example of the unexpected scenarios: The state of the enforcement of the Micula ICSID Award in the High Court in…
…the Micula brothers, Romania, and the EU have combined to serve up a host of delicate questions for the court to navigate. The Micula Saga Much has been written…
…whether it had the power to stay the proceedings to enforce the Micula award until the final ruling of the CJEU on whether the Micula award amounted to illegal state…
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…
…saga produced its stages during 2019: the Micula dispute, which has touchpoints with the Achmea judgment and the EU-investment arbitration tensions. The EU General Court upheld the Micula application and…
…under a BIT or the ECT, the courts did not answer this question. Rather the court conducted a “case-specific analysis” in Micula. Thus, after Micula, it remains an open question…
…Sweden refused to enforce the ICSID Award in the Micula v. Romania. This is one of the most interesting episodes in the long-running saga involving the Micula brothers, Romania, the…
…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)…
…enforceability of intra-EU awards in the U.S. In a May 26, 2020 post, Seung-Woon Lee analyzes two recent rulings by the D.D.C., Micula v Romania, Case No. 17-cv-02332 (D.D.C. Sept….
…their jurisdiction and the application of Intra-EU BITs. The European Commission has also made submissions before ICSID annulment committees and national courts in enforcement proceedings. For instance, in Micula v….
…Law and Liability, 30 November 2012, para 4.122. [3] Ioan Micula, Viorel Micula, S.C. European Food S.A, S.C. Starmill S.R.L. and S.C. Multipack; S.R.L. v. Romania, ICSID Case No. ARB/05/20,…
…permited the access to the parties’ submission. Another interesting amicus petition was filed in Micula v. Romania. The interest at stake was EU state aid regulations. As stated in the…
…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…
…the arguments of the European Commission against the enforcement of the ICSID award in Ioan Micula, Viorel Micula and others v. Romania, however, courts in EU Member States might not…
…the Practice Note). Parties As with most other regions, the parties involved in investment arbitration in the CEE & CIS regions are diverse, ranging from individuals (the Micula brothers) to…
…fact precisely the position Romania was found itself in in the Micula case (ICSID Case no. ARB/05/20). How can this conflict be resolved? Intra EU-BITs The main question in this…
…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),…
…in the Micula I case against Romania where the European Commission regarded the damages awarded by the ICSID tribunal as illegal state aid. (For the enforcement of the Micula I…
…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…
…clearly aims at addressing the issue that arose in the Micula arbitration, in which the tribunal found that Romania frustrated the Claimants’ legitimate expectations and violated its fair and equitable…
