The EU Court of Justice AG Szpunar considers that the General Court erred in law in concluding that the Commission was not competent to examine, in light of the law on State aid, compensation paid by Romania following an arbitral award (Micula)

According to Advocate General Szpunar, the General Court erred in law in concluding that the Commission was not competent to examine, in the light of the law on State aid, compensation paid by Romania following an arbitral award* Arbitration proceedings initiated on the basis of a bilateral investment treaty concluded between a Member State and a third State before the accession to the European Union of that third State, party to the arbitration, are not capable of adversely affecting the autonomy of EU law In 1998, the Romanian authorities adopted an emergency government ordinance (EGO), which granted investors in disfavoured regions certain tax incentives for a period of ten years. In the process of preparing for accession to the European Union, Romania terminated that incentive