LEGAL ANALYSIS
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In the determination of proceedings instituted against Decree 413/2014, the Spanish Supreme Court refuses to apply the award rendered by the International Centre for Settlement of Investment Disputes (ICSID)

In the determination of proceedings instituted against Decree 413/2014, the Spanish Supreme Court refuses to apply the award rendered by the International Centre for Settlement of Investment Disputes (ICSID)

12/09/2017 - Author: Luis Gil Bueno, Blanca Lozano Cutanda

In the determination of proceedings instituted against Decree 413/2014, the Spanish Supreme Court refuses to apply the award rendered by the International Centre for Settlement of Investment Disputes (ICSID)By not upholding actions brought against Decree 413/2014 and Order IET/1045/2014, three judgments of the Supreme Court of June and July 2017 have denied application of the 4 May 2017 ICSID Award against Spain for violation of the Energy Charter Treaty (ECT).

 


In these three judgments, the Judicial Review Division of the Supreme Court has not upheld the direct actions brought by several commercial companies against certain provisions of (i) Royal Decree 413/2014, of 6 June, regulating the production of electricity from renewable energy sources, cogeneration and waste, and (ii) Order IET/1045/2014...

Download pdf:
In the determination of proceedings instituted against Decree 413/2014, the Spanish Supreme Court refuses to apply the award rendered by the International Centre for Settlement of Investment Disputes (ICSID)