Arbitration: The Court of Justice of the European Union rules that the European Commission has jurisdiction to examine under State aid rules the compensation paid by Romania to Swedish investors in execution of an arbitration award made after the accession of that Member State (European Food)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This case could have been an opportunity for the EU courts to clarify the relationship between the provisions on state aid and bilateral investment treaties [(hereinafter "BITs")], particularly with regard to the arbitration tribunals they establish and the awards rendered by them. It is in this respect that the said case has been the subject of much ink (see, for example, G. Croissant and X. Taton, L'affaire "Micula" : quand le droit européen (des aides d'État) rencontre la protection internationale des investissements, JDE, n° 1-2020, pp. 2-14). However, it is from a narrower, but nonetheless important, perspective that both the Court of First Instance and

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  • European Court of Justice (Luxembourg)

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Raphaël Vuitton, Arbitration: The Court of Justice of the European Union rules that the European Commission has jurisdiction to examine under State aid rules the compensation paid by Romania to Swedish investors in execution of an arbitration award made after the accession of that Member State (European Food), 25 January 2022, Concurrences N° 2-2022, Art. N° 106597, pp. 156-160

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