Investor-state disputes against EU member states

La demande est partiellement réussie.

Dear Internal Market and Services (MARKT),

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

documents, in which the Commission was informed about, analysed or discussed the following investor-state disputes against EU member states:

* Ping An Life Insurance Company of China, v. Belgium (ICSID Case No. ARB/12/29

* Inversión y Gestión de Bienes, IGB, S.L. and IGB18 Las Rozas, S.L. v. Spain (ICSID Case No. ARB/12/17)

* Charanne and Construction Investments v Spain (SCC rules in Stockholm)

* Rreef Infrastructure v Spain (UNCITRAL)

* Poštová banka, a.s. and ISTROKAPITAL SE v. Greece (ICSID Case No. ARB/13/8)

* Cyprus Popular Bank Public Co. Ltd. v. Greece (ICSID case)
Laiki Bank v Greece

* Marfin Investment Group (MIG) v Cyprus

Yours faithfully,

Cecilia Olivet

Stabilité financière, services financiers et union des marchés des capitaux

Dear Ms Olivet,

Thank you for your e-mail dated 19 July 2013. We hereby acknowledge receipt of your application for access to documents, which was registered on 19 July 2013 under reference number GestDem 2013/3826.

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days. The time limit will expire on 8 August 2013. In case this time limit needs to be extended, you will be informed in due course.

MARKT DOSSIER ACCESS
 

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Stabilité financière, services financiers et union des marchés des capitaux

Dear Ms Olivet,

We refer to your-mail of 19.7.2013 in which you make a request for access to documents, registered under reference number GESTDEM 2013/3826.

The descriptions given in your application does not enable us to identify concrete documents in DG Internal Market and Services which would correspond to your request.

We therefore invite you, pursuant to Article 6(2) of Regulation (EC) No 1049/2001 regarding public access to documents, to provide us with more detailed information on the documents which you seek to obtain, such as the subject matter of the cases, dates or a given period of time during which the documents would have been produced, persons or bodies who drafted the documents and persons or bodies to whom the documents were addressed.

If you need assistance in specifying your application, you can contact us:

• By e-mail to: [email address]

• By telephone to: Mirjam Söderholm (until 26.7.) at number +32-2-2959329 or Didier Boulouque (from 29.7.) at number +32-2-2950814

Please note that the 15 working days' time limit for handling your application will start running only when we receive the requested clarifications.

Thank you for your understanding,

Yours sincerely,

Mirjam Söderholm

Mirjam SÖDERHOLM
European Commission
Directorate-General Internal Market and Services
Unit B3

SPA2 07/080
B-1049 Brussels/Belgium
+32 229-59329
[email address]

Find us on the web: http://ec.europa.eu/internal_market
For information on EU rights: http://ec.europa.eu/youreurope
------------------------------------------------------------------------

The views expressed in this e-mail are my own and may not,
under any circumstances, be interpreted as stating an official
position of the European Commission.

 

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Dear Internal Market and Services (MARKT),

In correspondence from July 23, 2013 you indicated that the descriptions given in my access to documents (registered under reference number GESTDEM 2013/3826) were insufficient.

Please find below further details on the documents I am requesting:

CASE: Ampere Equity Fund, Element Power, Eoxis Energy, HgCapital, Impax Asset Management, KGAL GmbH & Co KG, NIBC Infrastructure Partners, AES Solar, White Owl and others v Spain (UNCITRAL)
SUBJECT MATTER: Fifteen funds sued Spain in 2011 for 600 million euros pursuant to the Energy Charter Treaty under the rules of UNCITRAL. They had invested in the solar energy sector. The claim relates to the measures taken by Spain in relation to retroactive changes to the solar photovoltaic tariff regimes. This case raises issues about possible contradictions between the Energy Charter Treaty and EU law.
PERIOD OF TIME DURING WHICH THE DOCUMENTS WOULD HAVE BEEN PRODUCED:2011-2013
ORIGIN OF THE DOCUMENTS: any communication between DG Internal Market and any third party.

CASE: Charanne and Construction Investments v Spain (SCC)
SUBJECT MATTER: Dutch and Luxembourg investors lawsuit against Spain for €17 million pursuant to the Energy Charter Treaty under the rules of the Stockholm Chamber of Commerce (SCC). The lawsuit relates to the investment in a Spanish solar plant, T Solar. It originates in the measures taken by Spain in 2010 to retroactively reduced tariffs in the solar photovoltaic sector. Arbitrators in the proceeding are Alexis Mourre, Guido Tawil and Claus von Wobeser. This case raises issues about possible contradictions between the Energy Charter Treaty and EU law.
PERIOD OF TIME DURING WHICH THE DOCUMENTS WOULD HAVE BEEN PRODUCED:2012-2013
ORIGIN OF THE DOCUMENTS: any communication between DG Internal Market and any third party.

CASE: Rreef Infrastructure v Spain (UNCITRAL)
SUBJECT MATTER: Lawsuit by private equity fund owned by Deutsche Bank, Rreef Infrastructure, against Spain. The claim relates to the government’s decision to scale back incentives for solar-thermal energy. This case raises issues about possible contradictions between the Energy Charter Treaty and EU law.
PERIOD OF TIME DURING WHICH THE DOCUMENTS WOULD HAVE BEEN PRODUCED:2012-2013
ORIGIN OF THE DOCUMENTS: any communication between DG Internal Market and any third party.

CASE: Poštová banka, a.s. and ISTROKAPITAL SE v. Greece (ICSID Case No. ARB/13/8)
SUBJECT MATTER: Slovak Poštová bank and its Cypriot shareholder, Istrokapital lawsuit against Greece under the bilateral investment treaties with Slovakia and Cyprus. The case emerged as a result of Greece’s 2012 restructuring of sovereign debt and it relates to the Greek Bondholder Act, passed in February 2012.
PERIOD OF TIME DURING WHICH THE DOCUMENTS WOULD HAVE BEEN PRODUCED:2012-2013
ORIGIN OF THE DOCUMENTS: any communication between DG Internal Market and any third party.

CASE: Cyprus Popular Bank Public Co. Ltd. v. Greece (ICSID case)
SUBJECT MATTER: Lawsuit by Cyprus Popular Bank (also known as Laiki Bank) under the Cyprus-Greece bilateral investment treaty. The investor claims that Greece has discriminated against foreign-owned banks doing business in Greece, particularly in relation to access to an “Emergency Liquidity Assistance” program administered by Greece’s Central Bank.
PERIOD OF TIME DURING WHICH THE DOCUMENTS WOULD HAVE BEEN PRODUCED:2012-2013
ORIGIN OF THE DOCUMENTS: any communication between DG Internal Market and any third party.

CASE: Marfin Investment Group (MIG) v Cyprus
SUBJECT MATTER: Lawsuit for €820 million in January 2013 by Greece’s Marfin Investment Group against Cyprus brought under the Cyprus-Greece bilateral investment treaty. The claim relates to measures introduced in May 2012 when the Cyprus government increased its shares in Laiki Bank and took over management control.
PERIOD OF TIME DURING WHICH THE DOCUMENTS WOULD HAVE BEEN PRODUCED:2012-2013
ORIGIN OF THE DOCUMENTS: any communication between DG Internal Market and any third party.

Thank you for your consideration.
Yours faithfully,

Cecilia Olivet

Stabilité financière, services financiers et union des marchés des capitaux

I am currently out of the office. For urgent matters please contact the
unit's secretariat at +32.2.2991567.

 

Stabilité financière, services financiers et union des marchés des capitaux

Dear Madam
I refer to your last clarification given to my colleague concerning your request for access to documents.

Concerning the three cases quoted below, we have no documents corresponding to your request. In all cases mentioned the Commission is not a party in the cases. Lastly you will receive a separate answer from Directorate general Energy concerning the three first requests.

CASE: Poštová banka, a.s. and ISTROKAPITAL SE v. Greece (ICSID Case No. ARB/13/8)
SUBJECT MATTER: Slovak Poštová bank and its Cypriot shareholder, Istrokapital lawsuit against Greece under the bilateral investment treaties with Slovakia and Cyprus. The case emerged as a result of Greece’s 2012 restructuring of sovereign debt and it relates to the Greek Bondholder Act, passed in February 2012.
PERIOD OF TIME DURING WHICH THE DOCUMENTS WOULD HAVE BEEN PRODUCED:2012-2013
ORIGIN OF THE DOCUMENTS: any communication between DG Internal Market and any third party.

CASE: Cyprus Popular Bank Public Co. Ltd. v. Greece (ICSID case)
SUBJECT MATTER: Lawsuit by Cyprus Popular Bank (also known as Laiki Bank) under the Cyprus-Greece bilateral investment treaty. The investor claims that Greece has discriminated against foreign-owned banks doing business in Greece, particularly in relation to access to an “Emergency Liquidity Assistance” program administered by Greece’s Central Bank.
PERIOD OF TIME DURING WHICH THE DOCUMENTS WOULD HAVE BEEN PRODUCED:2012-2013
ORIGIN OF THE DOCUMENTS: any communication between DG Internal Market and any third party.

CASE: Marfin Investment Group (MIG) v Cyprus
SUBJECT MATTER: Lawsuit for €820 million in January 2013 by Greece’s Marfin Investment Group against Cyprus brought under the Cyprus-Greece bilateral investment treaty. The claim relates to measures introduced in May 2012 when the Cyprus government increased its shares in Laiki Bank and took over management control.
PERIOD OF TIME DURING WHICH THE DOCUMENTS WOULD HAVE BEEN PRODUCED:2012-2013
ORIGIN OF THE DOCUMENTS: any communication between DG Internal Market and any third party.

Yours sincerely

Didier Boulouque

Commission européenne
DG Marché intérieur et services
Unité B-3: Application du droit du marché unique
B-1049 Bruxelles
Tél: 00.32.2.295.08.14
Fax: 00.32.2.299.21.06
e-mail: [email address]
Nous trouver sur le web: http://ec.europa.eu/internal_market
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3 Attachments

Dear Mrs Olivet,

 

I refer to:

1.      your request for access to documents sent to Directorate General
for Internal Market (DG MARKT) on 19/07/2013 (herewith);

2.      the precisions you sent to Ms Soderholm (DG MARKT) on 09/08/2013
(partially below);

3.      the answer to the request GestDem 2013-3826 sent to you by DG
MARKT on 27/08/2013 (herewith).

 

Following the analysis of DG MARKT, the 3 first items of your precisions
of 09/08/2013 concern the Directorate General for Energy (DG ENER).

I hereby acknowledge receipt of this part of your request for access to
documents (ref.: gestdem 2013-4375).

In accordance with Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents, you will receive a
response to your request within 15 working days (19/09/2013).

 

Yours sincerely,

 

 

Paul SIMON          

Unit SG.B.5, Transparency

European Commission

 

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Stabilité financière, services financiers et union des marchés des capitaux

Madame,

Nous nous référons à votre message électronique du 19/07/2013 concernant une demande d’accès à des documents, enregistrée le 29/08/2013 sous le numéro de référence susmentionné.

Votre demande est en cours de traitement. Nous ne serons toutefois pas en mesure d’achever ce traitement dans le délai de quinze jours ouvrables, qui expirait le 19/09/2013.

Une prolongation de délai est nécessaire pour les raisons suivantes: la demande porte sur un grand nombre de documents et il est nécessaire d’examiner de gros dossiers pour retrouver les documents demandés.

Par conséquent, nous devons prolonger le délai de quinze jours ouvrables, conformément à l’article 7, paragraphe 3, du règlement (CE) n° 1049/2001 relatif à l’accès du public aux documents. Le nouveau délai expire le 10/10/2013.

Nous vous prions de bien vouloir nous excuser pour ce retard et pour les désagréments éventuels.

Veuillez agréer, Madame, l’expression de notre haute considération.

Commission européenne
DG ENER A.2 - Cellule 'Accès aux documents'

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    RE HgCapital Dinner Monday 16th April EWEA 2012 Copenhagen.html

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Dear Ms Olivet,

 

With regard to your request for access to documents registered under the
above mentioned reference number, which considered part of documents
related to activities of DG ENER, attached please find the documents we
have identified as falling in the scope of your request.

 

We would like to apologize for considerable delay in replying to your
request and hope the documents we provide herewith will be of use for you.

 

Yours faithfully

 

ENER ACCES DOCUMENTS
 
European Commission
DG ENER
Unit A.2

DM24 08/046
B-1049 Brussels/Belgium
+32 2 298 17 47