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Recent developments in renewable energy claims

Starting in 2013, several investment treaty claims have been filed in the field of renewable energy against several European countries, alleging a breach of the Energy Charter Treaty. These claims are based upon legislative changes that gradually reduced the incentives provided for renewable energy investments through favorable feed-in tariffs. Such incentives were created in the last 10 to 15 years to attract renewable energy investments.

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The first one of these treaty cases, Charanne vs Spain, was decided at the beginning of 2016. The Tribunal rejected the claims that the claimants suffered losses tantamount to expropriation without compensation, and also ruled that there was no breach of fair and equitable treatment. Significantly, this first decision does not include claims based upon legislative changes that took place in 2013-2014. The silver lining of the award is the rejection of the legal position of the European Commission, which held that European claimants cannot bring claims based upon breach of the Energy Charter Treaty against EU member states.

For further information please contact

Bryan W.
Jardine
Partner
Romania

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