State Aid

EU Competition Law, EU Law, Europe, European Court of Justice, European Law, European Union, Micula, State Aid

(Curtis, Mallet-Prevost, Colt & Mosle)/ /Leave a comment

On October 2, 2024, the EU General Court delivered a much-anticipated decision in the long‑running Micula saga, upholding the European Commission’s qualification of the award in 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 [I] as State aid. Coming after more than 10 years of litigation…

EU Law, Intra-EU Investment Arbitration, Netherlands, State Aid

, (Linklaters LLP; Erasmus University) and (Linklaters LLP)/ /Leave a comment

There is no dull moment in the intra-EU realm. Pandora’s box has long been opened by the Court of Justice of the European Union (“CJEU”) with its Achmea decision leading to numerous ongoing challenges. In a recent ruling, the District Court of Amsterdam (“Amsterdam Court”) had to address a strategic manoeuvre by the Kingdom of…

EU Law, Greece, International Arbitration Procedures, State Aid

(Meidanis Seremetakis & Associates)/ /Leave a comment

In a recent judgment of the General Court (the “GC”) in joined cases – T-639/14 RENV, T-352/15 and T-740/17, the question of the clash between EU law (in this case, state aid legislation) and arbitration was discussed. Not surprisingly, from an EU law standpoint, the EU Courts once again found that in case of such…

Accession to the EU, Achmea, CJEU, Micula, Romania, State Aid

(Lévy Kaufmann-Kohler)/ /Leave a comment

According to Advocate General Maciej Szpunar, the Micula case is symbolic of the ‘conflictual relationship’ between EU law and international investment law. Indeed, the European Commission has persistently objected to the execution of the ICSID award issued in Micula, not because of the principles of autonomy and mutual trust that underpinned the Achmea judgment, but…

Arbitration, Disclosure, Domestic Courts, Emergency Arbitrator, Public Procurement, State Aid, Tender Dispute, UNCITRAL Model Law

, (Freshfields Bruckhaus Deringer LLP)/ /Leave a comment

Competitive tendering for construction and engineering contracts is an essential element of business for the industry. Huge expenditure is devoted to public infrastructure projects and effective competition is essential to achieve value for money and appropriate use of public funds. The World Bank estimates that Governments worldwide spend US$9.5 trillion in public contracts every year….

Arbitral Tribunal, Commercial Arbitration, EU Law, Poland, Public Policy, State Aid

(Queritius)/ /Leave a comment

In its judgment of 26 November 2019 (I ACa 457/18), the Warsaw Court of Appeal gave its view on the duties of arbitrators and counsel in cases involving state aid. In a well-argued decision, the Court reversed the decision of the lower court and annulled an award rendered by a prominent international tribunal on the…