Investor-State Disputes in the Context of EU State Aid Law

Key Points

State aid rules are critical exceptions to the unenforceability of arbitration tribunal rulings.
The principle established in Slovakia v Achmea BV underscores the tension between EU law and investor rights.
Assessment of state aid implications involves complex interpretations of EU law supremacy and arbitration rulings.
Understanding this dynamic is essential for resolving disputes involving investors and EU Member States.

Abstract

Explains why state aid rules should be seen as an exception to the principle, formulated in Slovakia v Achmea BV (C-284/16) (ECJ), that arbitration tribunal rulings on disputes between investors and EU Member States are unenforceable within the EU as they infringe the concept of supremacy of EU law.

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Cite This Study

Phedon Nicolaides (Mon,) studied this question.

synapsesocial.com/papers/69a75d5ec6e9836116a27551

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