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SVEA COURT OF APPEAL
Division 02
Section 020102		 MINUTES
2019-03-28
Presentation in
Stockholm		 Court exhibit 9
Case no T 3229-19

In-house translation from Swedish

MEMBERS OF THE COURT

Judges of Appeal Ulrika Beergrehn, Göran Söderström and Eva Edwardsson, reporting judge

REPORTING AND RECORDING CLERK

Legal Clerk Sofia Frisk

PARTIES

Claimant
Italian Republic
Avvocatura Generale Dello Stato
Via dei Portoghesi, 12
Rom 00186
Italy

Counsel: Advokat James Hope, advokat Mattias Rosengren and advokat Cecilia Möller Norsted
Advokatfirman Vinge KB
Box 1703
111 87 Stockholm

Defendants

  1. Athena Investments A/S (earlier Greentech Energy Systems A/S), 36696915
    c/o Harbour House
    Sundkrogsgade 21
    2100 Köpenhamn Ö
    Denmark
  2. NovEnergia II Energy & Environment (SCA) SICAR, LU 21750780
    28, Boulevard Royal
    L-2449
    Luxembourg
  3. NovEnergia II Italian Portfolio SA, LU 23930876
    28, Boulevard Royal
    L-2449
    Luxembourg

IN THE MATTER OF

Challenge and invalidity of an arbitral award; now question of stay of execution

Dok. Id 1490270

Postal address Visiting address Telephone Telefax Office hours
Box 2290
103 17 Stockholm		 Birger Jarls Torg 16 08-561 670 00
08-561 675 00
E-mail: [email protected]
www.svea.se		 08-21 93 27 Monday - Friday
09:00-16:30

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On 23 December 2018, an arbitral award was rendered between, on the one hand, the Italian Republic and, on the other hand, Athena Investments A/S (earlier Greentech Energy Systems A/S), NovEnergia II Energy & Environment (SCA) SICAR, and NovEnergia II Italian Portfolio SA (collectively referred to as the Defendants).

The Italian Republic has brought an action against the Defendants and requested that the Court of Appeal should set aside or, alternatively, declare the award invalid in parts or in its entirety.

The Italian Republic has also requested that the Court of Appeal, without affording the Defendants an opportunity to submit a response, should order that enforcement of the award may not take place until further notice (stay of execution).

Following a presentation of the case, the Court of Appeal delivers the following

DECISION

The Court of Appeal orders that enforcement of the arbitral award rendered between the parties in Stockholm on 23 December 2018, SCC case no. V 2015/095, may not take place until further notice.

The reasons for the decision

Pursuant to Chapter 3, Section 18 of the Enforcement Code, an arbitral award may be enforced as a judgment that has entered into final legal force, unless otherwise ordered by the Court where the action against the arbitral award is pending. The Court of Appeal finds reasons to now order stay of execution of the award until further notice.

This decision may not be appealed (Section 43, paragraph 2 of the Swedish Arbitration Act [1999:116]).

Sofia Frisk

Minutes presented/