L'esecuzione dei lodi ICSID e l'autonomia dell'ordinamento europeo: il caso Micula

This article addresses the troublesome relationship between the European legal order and the enforcement of intra-EU ICSID awards, as revealed by the 2022 CJEU judgment on the Micula case. The proposed analysis focuses on the issues concerning the compatibility of the enforcement of intra-EU international arbitral awards with the autonomy of the European legal order, the antinomy between the awarding of compensation for damage in the international legal order and EU State aid law, the qualification of the enforcement of the Micula award as State aid and the competences of the European Commission pursuant to Article 108 TFEU. These questions appear as related to the more general issues of the exclusive nature of the European jurisdiction and the interpretation of Article 351 TFEU. Attention is also given to the room left by the CJEU judgment to seek the enforcement of intra-EU ICSID awards before third country courts and the possible coordination of the European and international legal systems in respect of investment disputes.