Ejecución de los laudos CIADI en la Unión Europea tras la sentencia del Tribunal de Justicia en el asunto Comisión/Reino Unido (Arrêt de la Cour suprême)

Résumé

Since the CJ issued its judgment in the Achmea case and the European Commission put forward the arguments to challenge some arbitration awards on the grounds that they are incompatible with the state aid regime under the EU Treaties, the EU has become an impossible place for the enforcement of awards issued in disputes between a Member State and investors from other Member States. The February 2020 judgment of the Supreme Court of the United Kingdom, however, opened a window for intra‐EU ICSID awards to be enforced in Member States that had signed the Washington Convention prior to their accession to the EU, which are the majority. The CJ, in its judgment of 14 March 2024, has closed this window, while sending a clear message to Member States: intra‐EU arbitral awards, including ICSID awards, cannot be enforced in the EU without infringing EU law.