Jurisdiction(s):
United Kingdom

Micula v Romania: EU state aid prohibition versus ICSID award enforcement, with UK and US judgments deepening Romania’s conflict

Published on: 13 December 2024

Published by a Law360 reporter

Legal News

Article summary

The Micula saga is complex and turbulent, marked by a UK determination of an EU law breach four years after Brexit, rulings from courts in the United States, and fresh EU law pronouncements by EU institutions. Recent turns now leave Romania contending with clashing duties. Romania stands as an ICSID award debtor, with enforcement allowed by both UK and US courts. At the same time, the Commission has barred Romania from making payments to satisfy the award. As a result, Romania faces a stark choice: breach its obligations under EU law, or those under the ICSID Convention and the Romania–Sweden bilateral investment treaty (BIT). In principle, the presence of conflicting international duties (a proverbial pickle) does not excuse non‑compliance, and international responsibility would follow. Whether Romania identifies a legally viable path or weighs other considerations in its decision‑making remains uncertain. More broadly, the rise of such a circumstance should prompt legal actors to recognise the holistic character of legal obligations...

Summary of the saga

The key events in the Micula v Romania saga are as follows...

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