Legal Challenges: Nord Stream 2 AG confronted significant legal hurdles after the German government suspended the pipeline's certification, which raised concerns about potential ISDS claims under the Energy Charter Treaty.EU Court Involvement: The EU's highest court partially accepted Nord Stream 2 AG's challenge against EU pipeline regulations, highlighting ongoing tensions within regulatory frameworks.Impact of Geopolitics: Even with some legal victories, the future of the pipeline was severely threatened by the outbreak of war in Ukraine, coupled with Germany's withdrawal of support.Rescue Attempts: To stave off insolvency, Nord Stream 2 AG was granted several court-approved moratoriums.European Commission's Role: The European Commission represented the European Union in the investor-state arbitration initiated by Nord Stream 2 AG, reflecting the intricate relationship between member states and EU regulations.Complexity of Investment Treaties: The blog highlights the intricate nature of investment treaty arbitration involving the European Union, showcasing the balance of interests at play.
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File: 2023_Investment_Treaty_Arbitration_-_European_Union.pdf
12 July 2022 - The Court declares the action brought by Nord Stream 2 AGAfter Russian tanks rolled into Ukraine on Tuesday, German chancellor Olaf Scholz finally decided to halt the certification of the Nord Stream 2 gas pipeline linking Germany and Russia.But why has the German government delayed this decision for so long? And why did Scholz merely halt the certification rather than cancelling it?The words of German environment minister Svenja Schulze from last February give a clue. “We also run the risk of ending up in international arbitration courts with compensation claims if we stop the project,” she said.Her warning added to a growing list of ministers admitting that they feared investor-state-dispute settlement (ISDS) claims under the Energy Charter Treaty (ECT), of which Germany is one of 53 members.
...against the directive extending certain rules of the internal market in natural gas to pipelines from third countries to be partially admissible.
12 July 2022 - Gazprom’s Shunned Nord Stream 2 Wins Spat Over EU Pipeline Rules
EU top court says gas project’s challenge is admissibleLower EU court will have to rule on substance of dispute
Russia’s shunned Nord Stream 2 gas pipeline won a legal boost in its pre-war challenge against European Union rules that subjected all new and existing pipelines involving foreign suppliers to the EU’s energy market-opening requirements, after the bloc’s top court said its appeal can be heard.
While the ruling is a win for Nord Stream 2, its impact may have been overtaken by events in Ukraine, which led Germany to withdraw its backing for the project.
The operator of Nord Stream 2, a pipeline designed to double Russia's gas exports to Germany, won an appeal in the EU's top court on Tuesday after challenging European Union rules that require separate companies to build, operate and own pipelines.
12 July 2022 - Gazprom’s Shunned Nord Stream 2 Wins Spat Over EU Pipeline Rules
EU top court says gas project’s challenge is admissible
Lower EU court will have to rule on substance of dispute
Russia’s shunned Nord Stream 2 gas pipeline won a legal boost in its pre-war challenge against European Union rules that subjected all new and existing pipelines involving foreign suppliers to the EU’s energy market-opening requirements, after the bloc’s top court said its appeal can be heard.
While the ruling is a win for Nord Stream 2, its impact may have been overtaken by events in Ukraine, which led Germany to withdraw its backing for the project.
12 July 2022 - Judgment of the Court in Case C-348/20 P | Nord Stream 2 v Parliament and Council
... extending certain rules of the internal market in natural gas to pipelines from third countries to be partially admissible
13 July 2022 - EU and US welcome Canada's decision to return Russian turbine to Germany
13 July 2022 - EU court points to future resurrection of Russian gas pipe
In May, the court granted a provisional moratorium against bankruptcy proceedings for the first time, which was valid until September 10. This period has now been extended by another four months.
The Swiss company behind the Russian gas pipeline Nord Stream 2 has received a four-month extension to try to repay its debts.
8 Sept 2022 - Gazprom unit granted Nord Stream 2 debt restructuring moratorium extension
Nord Stream 2 AG will not go bankrupt at least until 10th of January 2023 thanks to another decision from Zug court.
10 Sept 2022 - Nord Stream 2 gas link operator wins further stay of bankruptcy: court
On May 11, Switzerland-based Nord Stream 2 AG was awarded a provisional stay of bankruptcy until Sept. 10 2022, according to a notice in the Swiss Official Gazette of Commerce.
In a new notice dated Sept. 8, a court in Zug awarded a four-month extension of the stay of bankruptcy from Sept. 10 until Jan. 10, 2023.
There have been calls from within Germany in recent weeks to allow Nord Stream 2 to begin operations after flows through the first Nord Stream system were curtailed and then halted altogether, with gas prices having surged to new records as a result.
28 Dec 2022 - Nord Stream 2 pipeline firm gets 6-month stay of bankruptcy
A Swiss court has granted a six-month “stay of bankruptcy” to the operating company for the never-opened Nord Stream 2 pipeline, which was built to bring Russian gas to Germany but put on ice shortly before Russia invaded Ukraine in February.
Nord Stream 2 AG, a subsidiary of Russia’s Gazprom, is based in Zug. Nord Stream 2′s court-appointed administrator, Transliq AG, sought the extension.
INVESTMENT TREATY ARBITRATION European Union
...However, CETA, EUSIPA and EUVIPA do not specify which institution of the European Union must be served with the ‘notice to submit a claim’, and, potentially, with the notice of arbitration.
CETA merely provides (article 8.23.8) that the European Union and Canada will notify each other of the place of delivery of notices and other documents by the investors and that this information will be made publicly available. EUSIPA and EUVIPA do not contain such a provision.
As a default, it is the European Commission that represents the European Union in international judicial proceedings.
So far, only one investor-state arbitration has been initiated against the European Union (pursuant to the UNICTRAL Arbitration Rules 1976 and the Energy Charter Treaty (ECT) ). Based on publicly available information, the claimant (Nord Stream 2 AG) served the notice for arbitration on the EU Commission represented by its president and other senior officials (such as the Director-General for the EU Commission’s Legal Service and the Director-General for Trade).
Law stated - 19 October 2022
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