Contents
- THE EUROPEAN COMMISSION, Having regard to the Treaty on th…
- 1 The award rendered by the arbitration tribunal established…
- 2 The Kingdom of Spain shall not pay out any of the aid refe…
- 3 The Kingdom of Spain shall take all appropriate measures t…
- 4 The Kingdom of Spain shall recover any payment of the aid…
- 5 This Decision is addressed to the Kingdom of Spain.
THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(2), first subparagraph, thereof,Having regard to the Agreement on the European Economic Area, and in particular Article 62(1), point (a), thereof,Having called on interested parties to submit their comments pursuant to the provisions cited above and having regard to their comments,Whereas:
HAS ADOPTED THIS DECISION:
Article 1#
The award rendered by the arbitration tribunal established under the auspices of the International Centre for Settlement of Investment Disputes in the arbitration proceedings Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V. v Spain in favour of Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V. (ICSID Case No ARB/13/31) constitutes State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union which is incompatible with the internal market.In any event, the payment, implementation or execution of the award rendered by the arbitration tribunal established under the auspices of the International Centre for Settlement of Investment Disputes in the context of the arbitration proceedings Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V. v Spain in favour of Antin Infrastructure Services Luxembourg S.à.r.l. and Antin Energia Termosolar B.V. constitutes State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union which is incompatible with the internal market.
Article 3#
The Kingdom of Spain shall take all appropriate measures to prevent Antin Infrastructure Services Luxembourg S.à.r.l., Antin Energia Termosolar B.V, and any third party that has acquired or may acquire the award referred to in Article 1, or any right thereunder, from seeking recognition, enforcement or execution of the award, whether in Member States of the European Union or in third countries.
Article 4#
The Kingdom of Spain shall recover any payment of the aid referred to in Article 1 to Antin Infrastructure Services Luxembourg S.à.r.l., Antin Energia Termosolar B.V, and to any third party that has acquired or may acquire the award referred to in Article 1, or any right thereunder, including payment resulting from forced execution arising in third countries.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.