Are Market Competition and Investment Protection Incompatible in the EU Energy Sector?

Abstract

The chapter explores the interface between international investment law and EU competition law in the realm of renewable energy disputes. It underscores recent developments in the configuration of European Union (EU) investment policy and unveils the intricacies of the EU state aid regime. At the centre of this critical analysis lies the legal nature of the Energy Charter Treaty (ECT) as an international investment agreement. Whereas the Commission’s role in international investment law has increased over the last years, internal factors impede the development of an authentic EU investment policy. The chapter examines jointly the evolution of the case law of arbitral investment tribunals, the Court of Justice of the European Union (CJEU) and the European Commission’s position on intra-EU investment treaties and state aid in the energy sector.