The General Court of the European Union annuls the Commission’s decision for lack of jurisdiction of the Commission on the State aid matter (Micula)

INTERNATIONAL ARBITRATION, INVESTMENT PROTECTION AND EU STATE AID RULES: THE GENERAL COURT OF THE EU ANNULS THE EUROPEAN COMMISSION’S STATE AID DECISION IN THE MICULA CASE In a long-awaited ruling of June 18, 2019, the General Court of the European Union (“GCEU”) annulled the European Commission’s 2015 State aid decision in the Micula case (joined cases T-624/15, T-694/15 and T-704/15). The ruling provides valuable clarifications regarding the relationship between intra-EU bilateral investment treaties (“BIT”) and EU State aid rules. In sum, the GCEU confirmed that the European Commission lacked jurisdiction to apply EU law in a situation where all relevant events took place before accession to the EU. The validity of intra-EU BITs was not at issue because, during the relevant time

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Jacques Derenne, Dimitris Vallindas, The General Court of the European Union annuls the Commission’s decision for lack of jurisdiction of the Commission on the State aid matter (Micula), 18 June 2019, e-Competitions Bulletin June 2019, Art. N° 90972

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