Pérez Bernabeu, Begoña
State aid through arbitration awards EU law as a ground for non-enforcement / Begoña Pérez-Bernabeu
Resumen.
The article examines the tensions between international investment law and EU law as evidenced by the Achmea and the Micula cases decided by the Court of Justice of the European Union (ECJ). The author recalls that, although the European Commission used the State aid rules to attack arbitration awards arising from intra EU bilateral investment treaties (BITs), the ECJ has not yet validated the application of State aid rules to the enforcement of intra-EU awards. The author further claims that the upcoming General Court’s judgment on the Micula case will not be sufficient to clarify the compatibility of intra-EU awards in non-EU jurisdictions with EU law because State aid rules are not applicable beyond the EU borders.
INVERSIONES
OPERACIONES INTRACOMUNITARIAS
AYUDA ESTATAL
ARBITRAJE
JURISPRUDENCIA
UNION EUROPEA
Intertax 0165-2826 v. 51, n. 3, March 2023, p. 219-231
State aid through arbitration awards EU law as a ground for non-enforcement / Begoña Pérez-Bernabeu
Resumen.
The article examines the tensions between international investment law and EU law as evidenced by the Achmea and the Micula cases decided by the Court of Justice of the European Union (ECJ). The author recalls that, although the European Commission used the State aid rules to attack arbitration awards arising from intra EU bilateral investment treaties (BITs), the ECJ has not yet validated the application of State aid rules to the enforcement of intra-EU awards. The author further claims that the upcoming General Court’s judgment on the Micula case will not be sufficient to clarify the compatibility of intra-EU awards in non-EU jurisdictions with EU law because State aid rules are not applicable beyond the EU borders.
INVERSIONES
OPERACIONES INTRACOMUNITARIAS
AYUDA ESTATAL
ARBITRAJE
JURISPRUDENCIA
UNION EUROPEA
Intertax 0165-2826 v. 51, n. 3, March 2023, p. 219-231