Micula & Ors v Romania

Micula & Ors v Romania

The balance of prejudice and risk of conflict with EU law weighs against making the stay conditional on provision of security; court cannot order security where there is material risk of violating Commission's Final Decision.

Parties
Claimant/applicant: Viorel Micula; Claimant/applicant: Ioan Micula; Claimant/applicant: S. C. European Food S. A; Claimant/applicant: S. C. Starmill S. R. L.; Claimant/applicant: S. C. Multipack S. R. L.; Defendant/respondent: Romania; Intervener: European Commission
Jurisdiction
England and Wales
Judgment Date
15 June 2017
Procedural Posture
Commercial Court Application / Post Judgment Applications for Security and Permission to Appeal
Outcome
Application for security as a condition of stay refused; permission to appeal granted.
Legal Topics
ICSID Award Enforcement, Security for Stay, EU State Aid, Jurisdiction, Interim Relief
Arbitration EU Law Commercial Law ICSID Award Enforcement Security for Stay EU State Aid Jurisdiction Interim Relief

Case Brief

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Parties

Viorel Micula

Claimant/applicant

Ioan Micula

Claimant/applicant

S. C. European Food S. A

Claimant/applicant

S. C. Starmill S. R. L.

Claimant/applicant

S. C. Multipack S. R. L.

Claimant/applicant

Romania

Defendant/respondent

European Commission

Intervener

Procedural Posture

Commercial Court Application / Post Judgment Applications for Security and Permission to Appeal

Legal Issues

  1. 1 Whether the court has power to order security as a condition of stay
  2. 2 Whether provision of security would violate EU law
  3. 3 Whether prejudice to claimants justifies security

Ratio Decidendi

The balance of prejudice and risk of conflict with EU law weighs against making the stay conditional on provision of security; court cannot order security where there is material risk of violating Commission's Final Decision.

Court Disposition

Application for security as a condition of stay refused; permission to appeal granted.

Orders

  • Permission to appeal granted as per draft grounds.
  • Stay not made conditional on provision of security.