Topic: Komstroy

The Svea Court of Appeal has set aside a European renewables investor’s Energy Charter Treaty award against Spain for being incompatible with EU law – a week after the state failed to have another such award annulled at ICSID.

11 April 2024

A German investment fund has lost its Energy Charter Treaty claim against Italy concerning reforms to the state's solar power sector.

12 March 2024

The US Department of Justice has weighed into a DC Circuit appeal over the enforcement of three Energy Charter Treaty awards against Spain, arguing that the existence of an arbitration agreement is a threshold question and that it was “improper” for a judge to issue anti-suit injunctions against the respondent state.

06 February 2024

A judge in London has adjourned Spain’s bid to undo the registration of a €33 million ICSID award in favour of two solar investors on sovereign immunity grounds until an appeal in a similar case is decided.

31 January 2024

An ICSID tribunal has declined to throw out a claim brought by Dutch investors against Croatia, rejecting the state’s arguments that its bilateral investment treaty with the Netherlands was effectively terminated under EU law. 

09 November 2023

German energy company RWE is withdrawing its Energy Charter Treaty claim against the Netherlands over coal phase-out legislation – months after a German court ruled it was inadmissible.

03 November 2023

DECISIONS NOW PUBLISHED: The German Federal Court of Justice has held that EU member states can use the German courts to seek legal protection against intra-EU ICSID claims filed under the Energy Charter Treaty.  

27 July 2023

The Swedish Supreme Court has refused to hear a Luxembourg fund’s appeal against the annulment of a €56 million Energy Charter Treaty award against Spain.

17 July 2023

A UK court has ruled for the first time that Spain cannot avoid enforcement of an ICSID award by invoking EU law prohibitions on intra-EU investment arbitration.

25 May 2023

Australia’s highest court has affirmed that Spain cannot invoke sovereign immunity to avoid the recognition and enforcement of a €101 million ICSID award – and that the European Court of Justice’s prohibition against intra-EU investment arbitration is irrelevant to this question.

12 April 2023