Topic: Komstroy
New ECT threat over Czech solar reforms
UPDATED: Three European renewable energy companies have threatened to bring an Energy Charter Treaty claim against the Czech Republic in response to “destructive” proposals to reduce state subsidies for solar photovoltaic plants.
06 November 2024
SCC adopts new policy on seats in intra-EU treaty disputes
The SCC Arbitration Institute says its board will no longer select a seat of arbitration within the EU for cases under intra-EU investment treaties to ensure the enforceability of awards in such cases.
06 November 2024
UK appeal court rules out immunity defence to ICSID awards
The Court of Appeal of England and Wales has affirmed that states cannot rely on sovereign immunity to oppose the registration of ICSID awards rendered against them – dismissing appeals lodged by Spain and Zimbabwe.
22 October 2024
Spain defeats intra-EU claims at ICSID
Spain says it has defeated a pair of Energy Charter Treaty claims worth more than €72 million brought by renewables investors – the first time ICSID tribunals have found they lack jurisdiction over intra-EU disputes.
15 October 2024
European Commission pursues Hungary over Komstroy split
The European Commission has launched infringement proceedings against Hungary after the state broke with the rest of the European Union over the retroactive application of the Komstroy ruling on intra-EU arbitrations under the Energy Charter Treaty.
30 July 2024
Swedish court sets aside another ECT award against Spain
The Svea Court of Appeal has set aside a €48 million Energy Charter Treaty award in favour of European solar investors against Spain, finding that as an intra-EU award it was incompatible with fundamental principles of Swedish and EU law.
04 July 2024
Hungary at odds with EU over declaration on Komstroy
Hungary has broken with other EU member states over their understanding of the effects of the European Court of Justice’s ruling in Komstroy – declaring that international law requires the Energy Charter Treaty be amended by its signatories to ensure its non-applicability to intra-EU disputes.
03 July 2024
Italy sees another intra-EU award overturned in Sweden
A Swedish court has overturned a second Energy Charter Treaty award in favour of renewables investors against Italy on the basis it is incompatible with EU law.
17 June 2024
Italy overturns intra-EU award in Sweden
A Swedish court has invalidated an Energy Charter Treaty award that required Italy to pay €11 million to a Dutch renewable energy investor, finding it was incompatible with EU law.
31 May 2024
German court denies Spain anti-enforcement relief
UPDATED WITH JUDGMENT: A German court has refused to order energy group RWE to halt its efforts to enforce a €28 million ICSID award against Spain, weeks after the award was upheld by an annulment committee.
25 April 2024