On Tuesday, 25 January, the Court of Justice of the EU ruled in Case C-638/19 P that the EU’s General Court erred in law when it concluded that the European Commission was not competent to examine, in light of the law on State aid, the compensation that Romania paid Swedish investors in implementation of an arbitral award.
This judgment of the General Court was based on the argument made by these investors according to which that Member State had unlawfully repealed a tax incentives...