State aid and international investment arbitration: the Micula case – taking stock in an ongoing saga

Autor: Kai Struckmann, William De Catelle
Rok vydání: 2021
Předmět:
Zdroj: ERA Forum. 22:101-117
ISSN: 1863-9038
1612-3093
DOI: 10.1007/s12027-021-00655-9
Popis: The European State aid rules play an increasingly important role in investor-state arbitration, both arising as a substantive issue as well as a hurdle in enforcement proceedings. The Micula case is perceived as a front runner in this ongoing debate. However, the General Court’s judgment issued in June 2019 left many wondering whether it addressed any of these pressing issues. The facts of the Micula case are indeed particular and concern events taking place before Romania’s accession to the EU, and the General Court annulled the Commission’s State aid decision due to the Commission’s failure to take the pre-accession context into account, leaving many other questions unanswered.
Databáze: OpenAIRE