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ECT


It’s time to scrap the Energy Charter Treaty
The EU taxpayer is the main loser from the continuation of the Energy Charter Treaty which locks Europe into carbon and energy injustice at a high cost to taxpayers.
Hungría torpedea a España en los arbitrajes renovables al aliarse con los fondos en EEUU
Una empresa estatal húngara se persona en los pleitos en Washington como aliada de los demandantes. Quiere mantener la jurisdicción del Banco Mundial frente al Tribunal de la UE.
Recent ECT claims - Impact for energy investors and governments
More claims from energy companies in the coming months and years, as more states enact legislation aimed at reducing reliance on fossil fuels and change incentive programs for renewable energy providers.
Russia strengthens its position in Yukos case over past three years — defense rep
The Russian side appealed that a number of provisions of the Energy Charter Treaty could not be applied to the Russian Federation because it did not ratify it.
Nord Stream 2 sues EU using ISDS
The company building the controversial Nord Stream 2 gas pipeline from Russia to Germany under the Baltic Sea today sued the European Union over new gas rules it says are threatening its investments in the project.
The Energy Charter Treaty (ECT): Assessing its geopolitical, climate and financial impacts
The Energy Charter Treaty is a multilateral agreement that grants binding protection for foreign investors and includes also binding provisions for free trade and freedom of transit of energy materials and products.
Europe’s Green Deal is under threat from Energy Charter Treaty
The EU and its member states should collectively withdraw from the Energy Charter Treaty, which protects fossil fuel investments.
In yet another solar energy incentives case against Italy, ECT tribunal applying proportionality test finds breach of legitimate expectations
This claim to the long series of cases arising out of Italy’s reform of its scheme of incentive tariffs for solar energy.
Netherlands faces ISDS threat after decision to ban coal-based power generation by 2030
German company Uniper has threatened to bring an ISDS case against the Dutch government after a decision to ban coal-based power generation by 2030.
Solar Wars part XI: The EC strikes back
The European Commission is taking steps to reduce the prospect of future claims by demanding the reform of the Energy Charter Treaty.
Luxembourg leads EU push to climate-proof Energy Charter Treaty
Critics say the Energy Charter provides excessive legal protection for oil and gas companies, which can claim uncapped reparations from governments who frustrate investments in fossil fuel projects.
KPMG says Moldovan investor falsified financial statements to claim $500mn from Kazakhstan
The audit company claims its reports used in the lawsuits launched by companies controlled by Moldovan businessman Anatol Stati were based on “ knowingly false representations by Stati to KPMG”
Solar Wars Part X: The force is strong with investors
These recent awards indicate that investors now have the upper hand in their ECT claims against EU states.
The CJEU preliminary ruling in Slovak Republic v. Achmea BV – a round-up from 2019 (so far)
There is a lack of consensus among EU member states as to the applicability of the Achmea Ruling to the Energy Charter Treaty.
Spain loses another dispute over premium cuts on renewables
Spain will have to pay EUR 41 million to German solar investor SolEs Badajoz GmbH for retroactively cutting long-term premiums for renewable energy projects.
Nord Stream 2 takes unusual legal step against the Commission
The Nord Stream 2 pipeline company has asked the Court of Justice of the EU to annul the amendments to the Gas Directive but Nord Stream 2 reserves itself this option of resorting to legal arbitration as well.
Nord Stream 2, EU drifting towards legal arbitration
The European Commission and the Nord Stream 2 gas pipeline company are heading toward legal arbitration in their dispute, with a risk of huge fines for EU taxpayers.
EU asserts ‘right to regulate’ as part of energy charter treaty reform
EU member states gave the European Commission a mandate to revise the Energy Charter Treaty, saying the legally-binding charter must reinstate Europe’s “right to regulate” in areas like climate change and workers’ rights.
Energy Charter Treaty modernisation: European Commission presents draft negotiating directives
The European Commission adopted a proposal for a Council Decision authorising negotiations to modernise the Energy Charter Treaty (ECT), to which the EU is part.
Dutch court upholds $5.2 billion asset freeze on major Kazakhstan oil field
Frozen assets securing a $532 million award against Republic of Kazakhstan.