Notice: We are currently performing maintenance to improve the italaw platform. The site remains fully accessible. Thank you for your patience.

italaw180985 - Hellenic Shipyards v. Greece, European Commission Decision on intervention before the International Court of Arbitration as a Non-Disputing Party, June 29, 2016.pdf

29 Jun 2016
Hellenic Shipyards S.A., Privinvest Holding SAL, Privinvest Shipbuilding SAL Holding and Hörn-Beteiligungs GmbH v. Greece, ICC Case No. 18675/GZ/MHM/AGF/ZF
View case details
European Commission Decision on intervention before the International Court of Arbitration as a Non-Disputing Party
Document Details:
LISTED PARTICIPANTS
European Commission Decision on intervention before the International Court of Arbitration as a Non-Disputing Party
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Hellenic Shipyards, European Commission, Greece
Country
Print reporter
Document Summary
European Commission Decision on intervention before the International Court of Arbitration as a Non-Disputing Party
This summary note is machine-generated. Always consult the original materials.

Background and Rationale for Intervention

This document is a formal decision by the European Commission to seek leave to intervene as a non-disputing party in an International Chamber of Commerce (ICC) arbitration (Case No. 18675/GZ/MHM/AGF/ZF) between Hellenic Shipyards S.A. and its parent companies (as Claimants) and the Hellenic Republic ("Greece"). The decision is based on the Commission's mandate to ensure the consistent application of European Union law.

The Commission's interest stems from its 2008 "Recovery Decision," which determined that Greece had provided incompatible State aid to Hellenic Shipyards and mandated its recovery. This decision was subsequently upheld by the EU's General Court and Court of Justice, rendering it final. The Commission notes that the arbitration proceedings initiated by the Claimants concern, inter alia, allegations that Greece improperly handled a subsequent "Military Decision" related to the implementation of the recovery. Furthermore, the Claimants have sought interim relief in the arbitration against the national recovery orders issued by Greece in compliance with the Commission's decision.

Decision to Intervene

In order to safeguard the Union's interest in the uniform and effective application of State aid rules, which are directly implicated by the arbitral proceedings, the Commission resolves to request leave to intervene. The intervention is sought in both the main arbitration and the associated interim relief proceedings. The decision directs the Commission's Legal Service to take the necessary steps to file the request, which may include submitting written observations and participating in hearings if invited by the arbitral tribunal.