Hungarian Arbitration Association’s Post

Statement by Hungary on its implementation of the Komstroy judgment https://lnkd.in/ed_wZn9G In its judgment of 2 September 2021 in case C-741/19 République de Moldavie v Komstroy, the Court of Justice of the European Union ruled that the dispute settlement article of the Energy Charter Treaty, which has been applied in intra-EU relations, is not applicable between EU Member States. On 26 June 2024, the European Union and its Member States thus expressed their position on the inapplicability of the dispute settlement article of the Energy Charter Treaty to the EU in a political declaration. Hungary made a separate political declaration on the implementation of the Komstroy judgment at the same time as the other Member States, but in order to ensure consistency with international law. 👉  TDM Call for Papers: National Courts as a Forum for the Resolution of Disputes under Article 26 Energy Charter Treaty https://lnkd.in/gDe_hKWa

Looking forward to discussing the #EnergyCharterTreaty, modernisation, withdrawals and intra-EU arbitration tomorrow! #ECT

Looking forward to discussing the ramifications of the Achmea, Mikula and Komstroy judgments on EU's energy transition and strategic independence as well as on international relations, international law and comity

𝗝𝗼𝗶𝗻 𝘂𝘀 𝗶𝗻 𝗕𝘂𝗱𝗮𝗽𝗲𝘀𝘁 𝗼𝗻 𝟮𝟴 𝗡𝗼𝘃𝗲𝗺𝗯𝗲𝗿 𝗳𝗼𝗿 𝗮 𝗹𝗮𝗻𝗱𝗺𝗮𝗿𝗸 𝗰𝗼𝗻𝗳𝗲𝗿𝗲𝗻𝗰𝗲 𝗼𝗻 𝘁𝗵𝗲 𝗘𝗻𝗲𝗿𝗴𝘆 𝗖𝗵𝗮𝗿𝘁𝗲𝗿 𝗧𝗿𝗲𝗮𝘁𝘆 (ECT) The ECT stands at a critical crossroads, grappling with the recent 𝗲𝘅𝗼𝗱𝘂𝘀 𝗼𝗳 𝘁𝗵𝗲 𝗘𝗨 𝗮𝗻𝗱 𝘀𝗲𝘃𝗲𝗿𝗮𝗹 𝗘𝗨 𝗠𝗲𝗺𝗯𝗲𝗿 𝗦𝘁𝗮𝘁𝗲𝘀, as well as intense 𝗰𝗿𝗶𝘁𝗶𝗰𝗶𝘀𝗺 𝗳𝗿𝗼𝗺 𝗡𝗚𝗢s. Yet, in an era marked by pressing 𝗰𝗵𝗮𝗹𝗹𝗲𝗻𝗴𝗲𝘀 𝗶𝗻 𝗲𝗻𝗲𝗿𝗴𝘆 𝘀𝗲𝗰𝘂𝗿𝗶𝘁𝘆, 𝗲𝗻𝗲𝗿𝗴𝘆 𝘁𝗿𝗮𝗻𝘀𝗶𝘁𝗶𝗼𝗻, and 𝘀𝘂𝘀𝘁𝗮𝗶𝗻𝗮𝗯𝗶𝗹𝗶𝘁𝘆, the need for a robust international framework to address these challenges has never been greater. With the 𝗺𝗼𝗱𝗲𝗿𝗻𝗶𝘇𝗲𝗱 𝗘𝗖𝗧 𝘁𝗲𝘅𝘁 up for adoption before the end of the year, this conference will delve into whether and how the ECT can evolve to meet the demands of the 21st century, shaping a sustainable future for energy investments and cooperation. 📅 Date: 28 November 2024 📍 Location: Budapest, Tas vezér u. 3-7. 🎤 Highlights: - Keynote address by Atsuko Hirose, Acting Secretary General of the Energy Charter Secretariat - Critical analysis of the modernized ECT and its implications - Insights from global leaders in energy policy, law, and industry - Strategies to balance investment protection and climate action Atsuko Hirose, Fahira Brodlija, Dr Crina Baltag, FCIArb, Graham Coop, Prof. Dr. Robert Szuchy, Ana Stanic, Pál Kara, Martin Jarrett, Iris Koberg, Steffen Hindelang, Carlos Ramos-Mrosovsky, Szabolcs Nagy, Johannes Tropper, Ákos Mernyei, Zoltán Faludi, David Kohegyi, Lénárd Sándor https://lnkd.in/eMgZT2jr

14 May 2024, Spanish Federal Government published in Boletín Oficial del Estado (Spanish Official Gazette) announcing its withdrawal from the Energy Charter Treaty (ECT) and the Energy Charter Protocol on energy efficiency and related environmental aspects (the Protocol). 16 April 2024, Spain had given written notice of its decision to the Ministry of Foreign Affairs of the Portuguese Republic, the Depositary of the ECT 24 April 2024, the European Parliament approved the withdrawal of the Union from the ECT.[1]The Rapporteurs invited the Commission to “continue promoting a coordinated exit of all Member States in order to limit the negative effects of the sunset clause and to effectively prevent intra-EU disputes”  March 2024, the Spanish Parliament approved the Foreign Affairs Commission’s proposal to terminate its membership to the ECT. ECT was signed in 1994 by the EU and its Member States and almost 40 other countries around the world, with membership growing to over 50 contracting parties. Legal implication for current/potential investors (following Spanish Govt. withdrawal from Protocol): Article 47.3 of the ECT will allow foreign investors in Spain to continue to benefit from the standards of protection provided in the Treaty for another twenty years. This time limit will start to run on 17 April 2025, date on which the termination of the Treaty will become effective. Investments made after this date will no longer be protected by the ECT. #internationalarbitrationn #investment #energy #security #icsid #europeanunion #energychartertreaty #ECT #  Federal Ministry for Economic Affairs and Climate Action Federal Ministry for Economic Cooperation and Development (BMZ) #Spain

**🌍 ENERGY CHARTER TREATY: COORDINATED WITHDRAWAL SUPPORTED BY THE EUROPEAN PARLIAMENT** On April 24, the European Parliament approved the proposal to withdraw from the Energy Charter Treaty (ECT). This multilateral agreement, established in 1994, aimed to facilitate international cooperation and provide a framework for investment protection, trade, and dispute resolution in the energy sector. The European Commission proposed a coordinated withdrawal of the EU and its Member States in July 2023, following the deadlock in negotiations regarding the modernization of the Treaty, deemed incompatible with the EU's climate objectives. Member States collectively endorsed this proposal at the ministerial level on March 7, after several countries, including Italy, France, Germany, and Poland, had already withdrawn individually. Following the EU's withdrawal from the ECT, the Commission will discuss and evaluate, within its right of initiative, the conditions and modalities for the Member States' continued participation in a modernized treaty. 🔌 #EnergyCharter #EnergyTransition #EUClimate #EuropeanParliament

🇪🇺 The European Union and Euratom will definitively withdraw from the Energy Charter Treaty (ECT). The withdrawal has been already approved by the European Parliament and was now endorsed also by the EU Council on 30 May 2024. The decision is therefore final. It will come into effect one year after the ECT depositary (Portugal) receives the EU's and Euratom’s notifications of withdrawal.   🎙️ EU Member States wishing to remain parties to the ECT will have the opportunity to support the modernisation of the ECT (process known as the Belgian roadmap) at the next session of the ECT Conference expected to take place by the end of 2024.   🏞️ This step fulfills EU's previously declared goal, driven by its climate and environmental ambitions. Miloš Olík, Michal ČÁP, Margarita Karešová Kucharčuk, Václav Kočařík Arbitration Team ROWAN LEGAL   #ECT #EU #Euratom #withdrawal #energy #arbitration #conference

Delighted to share a book chapter co-authored with Tanya Leila Shaar titled “A Gulliver in Chains: The EU’s Renewed Push for Energy Security and Climate Action in light of Russia’s Invasion of Ukraine,” in R. Leal-Arcas (ed.), RESEARCH HANDBOOK ON EU ENERGY LAW AND POLICY: SECOND EDITION, (https://lnkd.in/dTyxxRKa) Chapter 7, Elgar Energy Law Series, Cheltenham: Edward Elgar Publishing Ltd, 2024. We argue that  Russia’s invasion of Ukraine has resulted in a renewed push for energy security and climate action in the European Union. Our chapter suggests that decarbonization and renewables are the keys to securing energy security, whilst fossil fuel-related projects that aim to mitigate the impacts of Russia’s invasion merely provide short-term solutions to a long-term problem. Available: https://lnkd.in/dFRgMZcR

📰 EFIEES' weekly news from the EU bubble! Our team has selected the most relevant news related to EFIEES' activities from the past week, to keep you informed about developments within the EU Bubble. Here are the highlights of the week: 🌟 Polish presidency of the Council of the European Union unveils an energy-focused agenda centered on energy security, aiming to eliminate Russian energy imports and ensure affordable energy access. 🌟 EU Finance Ministers remain divided during the Economic and Financial Affairs Council (Ecofin) over the Energy Taxation Directive revision, with disagreements on fuel exemptions and tax rates. 🌟 International Energy Agency (IEA) report highlights geothermal energy's untapped global potential and its role in advancing renewable energy solutions. 🌟 Leading EU organisations co-organise an Antwerp Dialogue and issue recommendations for the Green Industrial Deal.

📰 EFIEES' weekly news from the EU bubble! Our team has selected the most relevant news related to EFIEES' activities from the past week, to keep you informed about developments within the EU Bubble. Here are the highlights of the week: 🌟 The EU discusses the revision of the Governance of the Energy Union Regulation. 🌟 Hungary's compromise on the Energy Taxation Directive excludes maritime and aviation fuels to advance other aspects on the proposal. 🌟 NGOs urge the Europen Commission to take legal action on flawed climate plans. 🌟 The International Energy Agency releases Energy Efficiency 2024 report on global energy efficiency trends. 🌟 Commissioners-designate Dan Jørgensen and Wopke Hoekstra answer MEPs' questions during their European Parliament hearings.