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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
| NOVENERGIA II – ENERGY & ENVIRONMENT (SCA), Petitioner, v. THE KINGDOM OF SPAIN, Respondent. | Civil Action No. 1:18-cv-1148 (TSC) |
|
FORESIGHT LUXEMBOURG SOLAR 1 Petitioners, v. THE KINGDOM OF SPAIN, Respondent. |
) ) ) ) Civil Action No. 1:20-cv-925 (TSC) ) ) ) |
JOINT STATUS REPORT REGARDING
SET ASIDE PROCEEDINGS PENDING IN THE SVEA COURT OF APPEAL
Pursuant to the Court's Order dated September 9, 2020, Petitioners Novenergia II – Energy & Environment (SCA) (“Novenergia”), Foresight Luxembourg Solar 1 S.À.R.L., Foresight Luxembourg Solar 2 S.À.R.L., Greentech Energy Systems A/S (now known as Athena Investments A/S), GWM Renewable Energy I S.P.A., and GWM Renewable Energy II S.P.A. (collectively, the "Foresight Petitioners”), and Respondent the Kingdom of Spain (“Spain") submit this joint status report regarding the two separate proceedings brought by Spain in the Svea Court
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of Appeal in Sweden (“Svea Court”) to set aside each of the two arbitral awards at issue in these actions.
I. Proceedings in Spain's Action to Set Aside the Award in Novenergia
On October 30, 2020, Spain submitted comments on the parts of the Svea Court's draft case summary addressing Spain's case together with Spain's statement of evidence. Spain also submitted an expert legal opinion on the issue of European Union law. On November 2, 2020, Spain supplemented the previously submitted expert opinion.
II. Proceedings in Spain's Action to Set Aside the Award in Foresight
As the Court will recall, on February 14, 2019 Spain requested that the Svea Court refer certain questions to the CJEU for a preliminary ruling. ECF No. 58, p. 3. Spain revised its referral questions on October 15, 2019. A true and correct copy of Spain's October 15, 2019 referral questions are attached hereto as Exhibit A (original Swedish excerpt followed by English translation). On October 23, 2020 the Svea Court denied Spain's request to refer questions to the CJEU for a preliminary ruling. The Kingdom of Spain v. Foresight et al., Case No. T 1626-19, Decision, October 26, 2020, p. 2. A true and correct copy of that decision, preceded by its English translation, is attached hereto as Exhibit B.
The Svea Court's October 23, 2020 decision also granted the European Commission's request to intervene and the European Commission must file its brief by December 18, 2020.
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Dated: November 4, 2020 NOVENERGIA II – ENERGY & By its attorneys, LATHAM & WATKINS LLP Signature Allen M. Gardner (D.C. Bar No. 456723) Claudia Salomon (pro hac vice) Fernando Mantilla-Serrano (pro hac vice) |
Respectfully submitted, KINGDOM OF SPAIN By its attorneys, FOLEY HOAG LLP Signature Derek C. Smith (D.C. Bar No. 468674) Andrew Z. Schwartz |
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FORESIGHT LUXEMBOURG SOLAR 1
S.À.R.L., FORESIGHT LUXEMBOURG
SOLAR 2 S.À.R.L., GREENTECH
ENERGY SYSTEMS A/S (NOW KNOWN
AS ATHENA INVESTMENTS A/S), GWM
RENEWABLE ENERGY I S.P.A., AND
GWM RENEWABLE ENERGY II
By their attorneys,
KING & SPALDING LLP
Signature
James E. Berger (D.C. Bar 481408)
Charlene C. Sun (D.C. Bar 1027854)
1185 Avenue of the Americas
New York, NY 10036-4003
Tel: (212) 556-2100
Fax: (212) 556-2222
[email protected]
[email protected]