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Cooperation with national courts (State aid)

List of observations provided by the Commission to others, e.g. arbitration courts

2019

Case Other Court Type of observation Commission observation Judgment Summary & background
Masdar Solar & Wind Cooperatief U.A. United States District Court for the District of Columbia Amicus curiae 03/05/2019 en  -

Enforcement of an investment arbitration award against Spain based on the Energy Charter Treaty (ECT). Conflict between EU State aid rules and content of award – Commission decision SA.40348.

Foresight Luxembourg Solar United States District Court for the Southern District of New York Amicus curiae 03/05/2019 en -

Enforcement of an investment arbitration award against Spain based on the Energy Charter Treaty (ECT). Conflict between EU State aid rules and content of award – Commission decision SA.40348.
The ECT does not have intra-EU application - EU Law supremacy and direct effect.

Eiser Infrastructure Limited and Energia Solar Luxembourg S.A.R.L United States District Court for the District of Columbia Amicus curiae 18/03/2019 en -

Enforcement of an investment arbitration award against Spain based on the Energy Charter Treaty (ECT). Conflict between EU State aid rules and content of award – Commission decision SA.40348.
The ECT does not have intra-EU application - EU Law supremacy and direct effect.

2018

Case Other Court Type of observation Commission observation Judgment Summary & background
Micula United States District Court for the District of Columbia Amicus curiae 11/12/2018 en  - Enforcement of ICSID investment arbitration award. Conflict between EU State aid rules and the content of ICSID award – Commission decision SA.38517. Conflict between EU Law and a Bilateral Investment Treaty - EU Law supremacy and direct effect.

2016

Case Other Court Type of observation Commission observation Judgment Summary & background
Hellenic shipyards International Court of Arbitration of the International Chamber of Commerce  - 04/07/2016 en  - Observation on the interim measures
Micula United States Court of Appeals for the Second Circuit Amicus curiae 04/02/2016 en - Enforcement of ICSID investment arbitration award. Conflict between EU State aid rules and the content of ICSID award – Commission decision SA.38517. Conflict between EU Law and a Bilateral Investment Treaty - EU Law supremacy and direct effect.

2015

Case Other Court Type of observation Commission observation Judgment Summary & background
Micula United States District Court for the District of New York Amicus curiae 26/06/2015 en - Enforcement of ICSID investment arbitration award. Conflict between EU State aid rules and the content of ICSID award – Commission decision SA.38517. Conflict between EU Law and a Bilateral Investment Treaty - EU Law supremacy and direct effect.

2014

Case Other Court Type of observation Commission observation Judgment Summary & background
N/A International arbitration court Request for opinion 19/09/2014 en 06.05.2016, de "Does the fact that a Member State refrains from notifying the European Commission of a transaction with an alleged excessive purchase price paid by that Member State to a company in another Member State result in a breach of Article 107 and/or Article 108 TFEU?"
  
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