In an article published by Daily Jus, Associate Erica Li discusses the Court of Justice of the European Union’s latest decision in Micula. The court held in European Commission v. United Kingdom, that the UK Supreme Court’s decision in Micula v. Romania, where the UKSC lifted a stay on the enforcement of an ICSID Award, violated the UK’s EU law obligations.
Excerpt: “The CJEU disagreed with the UKSC’s decision. In the CJEU’s view, not only would enforcement of the Award constitute a breach of the UK’s EU law obligations, but it also “seriously compromised the EU legal order.”
The difference in opinion between the CJEU and the UKSC stemmed from their different interpretations of Article 351 TFEU. While the CJEU held that the Convention was, in principle, an international agreement capable of falling within the scope of Article 351, the UK did not owe any obligations to third countries (i.e, non-EU Member States) under the Convention to enforce the Award.”
