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Tag Archives: investment treaties

CJEU judgment changes landscape for investor-State arbitration in the EU

On 6 March 2018 the Court of Justice of the European Union (“CJEU”) issued its judgment in Case C-284/16 Slovak Republic v Achmea BV.  The CJEU ruled that investor-State arbitration clauses in investment treaties concluded between EU Member States (“intra-EU investment treaties”) are incompatible with EU law.  Before this landmark judgment of the CJEU, international arbitral tribunals and courts considered such clauses to be compatible with EU law. The underlying case In 2012, Achmea BV, a Dutch Insurer, won a EUR 22 million arbitral award over measures taken by the

Solar energy businesses entitled to compensation arising from ministerial proposal to curtail incentives

Breyer Group Plc and others v Department of Energy and Climate Change In a recent decision, the High Court (Coulson J) found that a number of businesses were entitled to damages caused by a ministerial proposal to curtail government incentives in the solar energy sector. The High Court considered that the proposal, although not enacted and subsequently found to be unlawful, amounted to an unjustified interference with the claimants’ possessions, giving rise to an entitlement to damages. Although related to incentives in the solar energy sector, the findings of the