Case C-516/22: Judgment of the Court (Fifth Chamber) of 14 March 2024 – European Commission v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations – Default procedure – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Article 127(1) – Transition period – Jurisdiction of the Court of Justice – Judgment of the Supreme Court of the United Kingdom – Enforcement of an arbitral award granting the payment of compensation – Decision of the European Commission declaring that that payment constitutes State aid which is incompatible with the internal market – Article 4(3) TEU – Sincere cooperation – Obligation to stay proceedings – First paragraph of Article 351 TFEU – International agreement between Member States and third countries concluded before the date of their accession to the European Union – Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) – Application of EU law – Article 267 TFEU – National court or tribunal adjudicating at last instance – Obligation to make a reference to the Court for a preliminary ruling – Article 108(3) TFEU – Suspension of implementation of the aid)
Date: 2024-03-14
Institutions: Court of Justice
Subjects: Romania, State aid, Sweden, agreement (EU), arbitration, bilateral agreement, enforcement of ruling, infringement of EU law, international arbitration, withdrawal from the EU








C_202403045EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3045


13.5.2024






Judgment of the Court (Fifth Chamber) of 14 March 2024 – European Commission v United Kingdom of Great Britain and Northern Ireland


(Case C-516/22)
                (1)

(Failure of a Member State to fulfil obligations - Default procedure - Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community - Article 127(1) - Transition period - Jurisdiction of the Court of Justice - Judgment of the Supreme Court of the United Kingdom - Enforcement of an arbitral award granting the payment of compensation - Decision of the European Commission declaring that that payment constitutes State aid which is incompatible with the internal market - Article 4(3) TEU - Sincere cooperation - Obligation to stay proceedings - First paragraph of Article 351 TFEU - International agreement between Member States and third countries concluded before the date of their accession to the European Union - Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) - Application of EU law - Article 267 TFEU - National court or tribunal adjudicating at last instance - Obligation to make a reference to the Court for a preliminary ruling - Article 108(3) TFEU - Suspension of implementation of the aid)
(C/2024/3045)
Language of the case: English

Parties


Applicant: European Commission (represented by: L. Armati, P.-J. Loewenthal and T. Maxian Rusche, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Fuller, Agent)

Operative part of the judgment

The Court:






1.


Declares that, by the judgment of the Supreme Court of the United Kingdom of 19 February 2020 in Micula v Romania, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 4(3) TEU, Article 108(3), the first and third paragraphs of Article 267 and the first paragraph of Article 351 TFEU, read in conjunction with Article 127(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, adopted on 17 October 2019;










2.


Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.






(1)  
            OJ C 398, 17.10.2022.


ELI: http://data.europa.eu/eli/C/2024/3045/oj
ISSN 1977-091X (electronic edition)