Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2024-03/cp240047en.pdf

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PRESS RELEASE No 47/24

Luxembourg, 14 March 2024

Judgment of the Court in Case C-516/22 | Commission v United Kingdom (Judgment of the Supreme Court)

The United Kingdom has infringed EU law as a result of a judgment of its Supreme Court

Infringement proceedings against the United Kingdom for possible breaches of EU law committed before the end of the transition period (31 December 2020) are possible in the four years following that date

On 19 February 2020, that is before the end of the transition period, the Supreme Court of the United Kingdom delivered the Micula v Romania judgment 1 authorising the enforcement of an arbitral award made in International Centre for Settlement of Investment Disputes (ICSID) Case Ioan Micula, Viorel Micula and Others v. Romania 2 . By that arbitral award, Romania was ordered to pay Swedish investors compensation of approximately €178 million on account of the early repeal of a regional investment aid scheme. The judgment of the Supreme Court of the United Kingdom was delivered despite the fact that the Commission, which considered that compensation to be State aid incompatible with EU law, had prohibited Romania from paying it. Moreover, a dispute concerning that Commission decision was pending before the Court of Justice 3 .

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