In 2007, Spain has set up a regime for supporting the production of electricity from renewable sources. This regime was not informed of the Commission for authorization in accordance with the rules for state aid.
The cut to renewable energy sources and the Antin
In 2013, Spain adjusted the conditions including Renewable energy facilities can be supported. The adjustments also apply to the facilities that have started to get support under the 2007 regime. November 10, 2017*, the Commission made a decision in which it was of the opinion that the Spanish regime of 2013 Electricity support from Fuentes renewable He adapted to the rules of the Union on state aid.
Antin Infrastructure Services Luxembourg S.à.rl and Antin Energy Thermosolar BV (hereinafter, “Antin”), respectively in Luxembourg and the Netherlands, had invested in energy facilities renewable In Spain they benefited from the 2007 support regime. Antin has started an arbitration procedure to get compensation for the termination of the support he would have received according to the 2007 regime.
And Arbitrage Award 2018 (Antin Against Spain) ruled that Spain had violated the Treaty on the Energy Charter By changing the energy support regime renewable 2007 and set up a new support regime in 2013, on the basis of which the support level was lower.
The Arbitragehof ordered Spain Compensate Antine for losses suffered as a result of the changes to the 2007 regime. The reimbursement amount was set at EUR 101 million, plus interest built up by that amount and a contribution to the coasts of the arbitration procedure.
Brussels decision: Spain does not have to pay Antin
The European Commission today announced that the Arbitration Award 2018 in favor of Antin is an illegal state aid, so that Spain will pay the compensation recognized by the award, the community regulations will violate. Then, Spain order not to pay the 101 million euros that is recognized in the price And that guarantees that there is no other payment, execution or application of the arbitration error either on Antin or another entity that has obtained or acquired the rights derived from it.
This is the committee’s first decision on the arbitrations of renewable in which Spain was confronted with international investors who have the cuts on the premiums illegal for renewable 2013 approved by the previous government. The decision in this matter, processed as a pilot, Support the position of Spain, which has not paid an amount with regard to the prices Waiting for the analysis is closed.
The committee also reminds of the Obligation of national judges to attend Spain to guarantee compliance with their decisionIncluding the approval of all the necessary measures to prevent the recognition, implementation or application of the arbitration to prevent the provision of arbitration in third countries.
Assertive Spain
Spain positively appreciates this sizeBecause it confirms the position that maintains in the opposition against the recognition and implementation of intra -European arbitration prices, derived from arbitrations initiated by investors of an EU member state for another EU member state.
The decision will be called by Spain in the various foreign areas of law where the country, in accordance with EU law, is Judicial opposes the recognition and implementation of intra -European arbitrary prices. Spain expects such courts to respect the decision of the European Commission, the only competent institution will decide on state aid.
The interests of the first country
All Amparo of the Energy Charter Convention, International Investors have presented 51 arbitrages against the Kingdom of Spain for the cuts apply to the renewable, With claims of a total of 10,635 million. A total of 43 failed; Have earned ten; Three have been canceled; Three claimants have given up and organize the framework that has been established by RDL 17/19, and another eight are pending price.
The government has adopted a strategy to define the interests of the State against the requirements of investment companies by the action of the state tires, consisting of expanding all available procedural routes. Thanks to this strategy, moreover To prevent the ‘called effect’, which can cause the lack of procedural action in the light of the requirements of the affected facilities, a remarkable success is achieved.
In addition to the fully won and canceled prices, Spain has considerably reduced the arbitral courts the claimed compensationUntil the point that this reduction is 85% on the requested, a very high percentage in the usual practice of arbitrages, and which also follows a falling trend: the new Laudos subsidy is always low compensations: the recognized compensation is 1,514 million.
Of prices and girfonds
The majority of the original claimants have sold the rights of collecting prices to Gierfondsen; Antin himself did it within the framework of his grandfather about Opverenergy, voluntarily retiring new arbitrages against the Kingdom of Spain and herself Solve any discrepancy within the framework of European legislation.
There are holders of these rights that try them Implementation in countries such as the United States, Australia or the United Kingdom. Last February a Dutch court He failed that two Dutch societies, Aes Solar and Ampere, who have sold their collective rightsThey will have to compensate for Spain If the committee regards the help of the State and a court in a third country, orders its payment and Spain is forced to pay.