…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…
…may not only constitute illegal state aid (in this regard the European Commission invokes Micula v. Romania, ICSID Case No. ARB/14/29). Furthermore, according to the European Commission, such parallel jurisprudence…
…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…
…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…
…Commission in the Micula case prohibiting Romania to execute an ICSID award is a clear warning signal that EU law apparently supersedes binding international investment law. All this is not…
…EU rules prohibiting state aid.1)See also the recent post on the European Commission’s position on the ICSID award in Micula v. Romania One of the Swedish investors petitioned a U.S….
…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…
…international arbitral tribunals. Indeed, as the Micula case shows, the influence of the EU institutions becomes ever wider, reaching from intervening as amicus curie towards preventing the payment of the…
…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…
…Partial Award, 19 August 2005; Ioan Micula and others v. Romania, ICSID Case No. ARB/05/20, Decision on Jurisdiction of 24 September 2008). This approach has now been confirmed by the…
