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- Headnote
- Decision [eng]
- Table of Selected Abbreviations
- I Introduction and Parties
- II Procedural History
- III Request for Relief
- IV Applicable Legal Standards for Annulment
- V Grounds for Annulment
- A Tribunal’s Decision Concerning its Jurisdiction ratione personae
- B Tribunal’s Decision concerning its Jurisdiction ratione materiae
- C Tribunal’s Decision concerning its Jurisdiction ratione voluntatis
- D Spain’s Allegations as to Manifest Excess of Powers
- (1) Manifest Excess of Powers by Upholding Jurisdiction despite Spain’s Installed Capacity and “Unclean Hands” Objection (Art. 52(1)(b) (Annulment Ground (e))
- (2) Manifest Excess of Powers by Hearing a Dispute between an Investor of an EU Member State and an EU Member State — “Intra-EU Objection” (Art. 52(1)(b)) (Annulment Ground (g))
- (3) Manifest Excess of Powers by not Applying the Applicable International Rules, the ECT and EU Law to the Merits of the Case (Art. 52(1)(b)) (Annulment Ground (i))
- (4) Manifest Excess of Powers Regarding the Tribunal’s Assessment of Legitimate Expectation Regarding the State Aid (Art. 52(1)(b)) (Annulment Ground (k))
- (5) Manifest Excess of Powers Regarding the Tribunal’s Granting of Damages (Art. 52(1)(b)) (Annulment Ground (p))
- E Spain’s Allegations as to Failures to State Reasons
- (1) Failure to State Reasons Regarding the Installed Capacity Objection—“Unclean Hands Objection” (Art. 52(1)(e)) (Annulment Ground (f))
- (2) Failure to State Reasons in Hearing a Dispute between an Investor of an EU Member State and an EU Member State — “Intra-EU Objection” (Art. 52(1)(b)) (Annulment Ground (h))
- (3) Failure to State Reasons for not Applying Applicable International Rules, the ECT and EU law (Art. 52(1)(e)) (Annulment Ground (j))
- (4) Failure to State Reasons for its Conclusion on the Breach of Legitimate Expectations (Art. 52(1)(e)) (Annulment Ground (l))
- (5) Failure to State Reasons Regarding the Date of Investment (Art. 52(1)(e)) (Annulment Ground (m))
- (6) Failure to State Reasons for its Conclusion on Liability (Art. 52(1)(e)) (Annulment Ground (n))
- (7) Failure to State Reasons Regarding the Quantification of Damages (Art. 52(1)(e)) (Annulment Ground (o))
- (8) Failure to State Reasons in Relation to the Evidentiary Activity and the Assessment of Evidence (Art. 52(1)(e)) (Annulment Ground (s))
- (9) Failure to State Reasons when Admitting an Alleged Erroneous Translation (Art. 52(1)(e)) (Annulment Ground (v))
- F Spain’s Allegations as to Violations of Fundamental Rules of Procedure
- (1) Serious Departure from a Fundamental Rule of Procedure Regarding Late Submissions (Art. 52(1)(d)) (Annulment Ground (q))
- (2) Serious Departure from a Fundamental Rule of Procedure in Relation to the Evidentiary Activity and Assessment of Evidence (Art. 52(1)(d) (Annulment Ground (r))
- (3) Serious Departure from a Fundamental Rule of Procedure by Breaching the Principle of Congruence and Infringing the Right of Defense (Art. 52(1)(d)) (Annulment Ground (t))
- (4) Serious Departure from a Fundamental Rule of Procedure by Admitting an Alleged Erroneous Translation (Art. 52(1)(d)) (Annulment Ground (u))
- G Waiver
- H Residual Discretion
- VI Costs
- VII Decision
- Decision PDF [eng]
- [3.239.119.61]
- 3.239.119.61
