ISDS Case Map
ECT
Energy Charter Treaty
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.
The EU and its member states should collectively withdraw from the Energy Charter Treaty, which protects fossil fuel investments.
This claim to the long series of cases arising out of Italy’s reform of its scheme of incentive tariffs for solar energy.
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.
The European Commission is taking steps to reduce the prospect of future claims by demanding the reform of the 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.
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”
These recent awards indicate that investors now have the upper hand in their ECT claims against EU states.
There is a lack of consensus among EU member states as to the applicability of the Achmea Ruling to the Energy Charter Treaty.
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.
