State aid through arbitration awards EU law as a ground for non-enforcement Begoña Pérez-Bernabeu
By: Pérez Bernabeu, Begoña
.
Material type: 
ArticleSubject(s): INVERSIONES | OPERACIONES INTRACOMUNITARIAS | AYUDA ESTATAL | ARBITRAJE | JURISPRUDENCIA | UNION EUROPEA
In:
Intertax v. 51, n. 3, March 2023, p. 219-231Summary: 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.
| Item type | Current location | Home library | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|---|
| Artículos | IEF | IEF | OP 2141/2023/3-2 (Browse shelf) | Available | OP 2141/2023/3-2 |
Browsing IEF Shelves Close shelf browser
| No cover image available | No cover image available | No cover image available | No cover image available | No cover image available | No cover image available | No cover image available | ||
| OP 2141/2023/2-7 Uncertainties hold back achievement of OECD Pillar 2 goals | OP 2141/2023/3 Intertax | OP 2141/2023/3-1 The distorting effects of imputation systems on tax competition in the EU | OP 2141/2023/3-2 State aid through arbitration awards | OP 2141/2023/3-3 The impact of multilateral and unilateral measures on profit-shifting from South Africa to Mauritius | OP 2141/2023/3-4 A study of Vietnam's double tax treaties | OP 2141/2023/4 Intertax |
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.
Click on an image to view it in the image viewer
There are no comments for this item.