Energy Luncheon: European State Aid vs. investment protection of the international Energy Charter Treaty: who has the final say?

09.06.2016 EU law

On Thursday 9 June 2016 Stibbe will hold an energy luncheon "European State aid vs. investment protection of the international Energy Charter Treaty: Who has the final say?" presented by Cees Verburg.

Energy investments in Europe are relatively well-protected against the fickleness of the host states. But what if a host state’s actions are considered to be illegal state aid and the host state consequently retracts the agreements it made? Is it still possible to protect your business and the agreements you have with the host state on the basis of the Energy Charter Treaty? Recent claims have raised these questions along with this one: “How should the Energy Charter Treaty be interpreted?” In other words, how are the investment protection rules of the Energy Charter Treaty applied? And what does it potentially mean for protection of energy investments in EU countries? 

Mr. Cees Verburg is a PhD Researcher at the Groningen Centre of Energy Law (the Netherlands). He has been working on an analysis of the interaction between EU Law (mainly on state aid law) and the Energy Charter Treaty. The Energy Charter Treaty is known as the multilateral framework for energy cooperation under international law, focusing on the protection of foreign investments, reliable cross-border energy transit flows, and the resolution of disputes between participating states or – more commonly – between investors and host states. Recently, an important ruling has been rendered in a case between investors and a European host state, which is partly criticized by Mr. Verburg.

This exclusive Stibbe Energy Luncheon offers a unique presentation by Mr. Verburg about his findings on this case. He will present an interesting opinion about the hierarchy of EU competition law and the Energy Charter Treaty.

Lunch will be offered.

For more information and registration, please click here.

Kindly note that this seminar will be held in Dutch.

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