The EU General Court annuls the Commission’s State aid decision on the basis that it lacked jurisdiction to implement EU law in situation where all relevant facts have taken place before Romania’s accession to the EU (Micula)

The Micula case has been used by the opponents of investment treaty arbitration to argue that such arbitration circumvents and breaches EU State aid law [1]. The Micula case was initially about the judicial review of the withdrawal of individual incentives granted to the investor and withdrawn by Romania before its accession to the EU. In a long-awaited judgment of 18 June 18 2019, the General Court of the EU annulled the Commission’s 2015 State aid decision in the so-called Micula case (in reality the three joined cases T-624/15, T-694/15 and T-704/15 in the dispute before the General Court [2]). The General Court ruled that the Commission lacked jurisdiction to implement EU law in a situation where all relevant facts seemed to have taken place before Romania’s accession to the EU

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Athanase Popov, The EU General Court annuls the Commission’s State aid decision on the basis that it lacked jurisdiction to implement EU law in situation where all relevant facts have taken place before Romania’s accession to the EU (Micula), 18 June 2019, e-Competitions June 2019, Art. N° 94141

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