Opening of In-Depth Investigation into Arbitration Award Ordering Spain to Compensate JGC published in the OJ
The Commission has published in the Official Journal (OJ) the opening of in-depth investigation procedure regarding the arbitration award ordering Spain to pay JGC Holdings Corporation (JGC) compensation for regulatory changes to its 2007 renewable electricity support scheme. The 2021 arbitral award ordered Spain to pay EUR 23.5 million, plus interests and additional costs.
The Commission’s preliminary view is that the arbitration award and its implementation constitute State aid within the meaning of Article 107(1) TFEU. It will further investigate its compatibility with the internal market and with the criteria of the applicable State aid guidelines. Furthermore, the Commission will analyse whether a decision by an investor-State arbitration is in accordance with the principle of autonomy of the EU’s legal order.
Spain and interested third parties can submit comments until the 23rd of October 2026. Clayton & Segura can help you to prepare and submit your comments.
For more information, see the publication in the OJ and our previous PR.