Tag: Micula

Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part II)

By Herbert Woopen[1] In Part I, this post explored and analysed domestic regulations in Italy concerning investment and ECJ’s decisions stemming from those. Now, Part II will look at international law solutions and will analyse how the European Union could and should amend past erroneous decisions. III. The role of International Law where EU Law… Read More Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part II)

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Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part I)

By Herbert Woopen[1] I. Introduction: The EU’s ambition The EU has for a long time wished to be the frontrunner for innovative investments in green technology and strived to secure future economic growth for European companies exporting products for a sustainable world economy, products that are and will be invented in Europe. These intentions deserve… Read More Why Komstroy Cannot be the Last Word: more investment into greening the economy requires to bury Achmea, Komstroy, Micula and others (Part I)

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Schrödinger’s Investment: the EU’s General Court Considers that the Compensation Ordered by the Micula Tribunal is Not a Form of State Aid (Although it Might as Well Have Been)

Alexandros Catalin Bakos, LL.M. Candidate, Utrecht University In a somewhat fortunate turn of events for the stability (or what is left of it in any case) of the intra-European Union (intra-EU) investment treaty system, the General Court of the European Union (GCEU) has annulled the EU Commission’s decision rendered against Romania for illegal state aid… Read More Schrödinger’s Investment: the EU’s General Court Considers that the Compensation Ordered by the Micula Tribunal is Not a Form of State Aid (Although it Might as Well Have Been)

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The Relationship between EU State Aid law and Obligations Arising under Investment Treaties

by Alexandros Catalin Bakos, LL.M  I. Introduction: In recent years, a series of debates have emerged in regard to the relationship between the EU State Aid law[1], on the one hand, and obligations arising under Investment Treaties (to which the EU is not a formal party)[2], on the other hand. Those debates manifest themselves at… Read More The Relationship between EU State Aid law and Obligations Arising under Investment Treaties

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UK post-Brexit cannot escape the impact of EU law and of the Court of Justice of the EU  

  Prof. Dr. Nikos Lavranos, LLM (Secretary General of EFILA) In recent weeks, the UK has published several papers explaining its aims of leaving the EU and how it intends to shape its future trade relationship with the EU. One of the aims repeatedly publicly stated by the UK will be “to end the direct… Read More UK post-Brexit cannot escape the impact of EU law and of the Court of Justice of the EU  

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Just Because State Aid Is The Best Hammer Does Not Mean That All Issues Are Nails (Part II)

by Emanuela Matei, Associate Researcher – CELS* This article represents Part 2/2 of a larger material regarding the interaction of EU state aid rules and international investment law in the context of recent EC Decisions. Part 1/2 was published earlier this week. B.  Selectivity Whether a regulatory measure is selective shall be examined within the context… Read More Just Because State Aid Is The Best Hammer Does Not Mean That All Issues Are Nails (Part II)

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Just Because State Aid Is The Best Hammer Does Not Mean That All Issues Are Nails (Part I)

by Emanuela Matei, Associate Researcher – CELS* This article represents Part 1/2 of a larger material regarding the interaction of EU state aid rules and international investment law in the context of recent EC Decisions. Part 2/2 will be published later this week.  I.          Introduction In May 2014, Obama defended a more relaxed foreign policy that… Read More Just Because State Aid Is The Best Hammer Does Not Mean That All Issues Are Nails (Part I)

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