Abstract
According to the European Commission, enforcement of the ICSID award in Micula constitutes illegal state aid under Article 107 TFEU. At the same time, Articles 53 and 54 ICSID Convention require unconditional enforcement of ICSID awards. So far, the relationship between the ICSID Convention and EU law is unresolved. This article presents different approaches to this relationship. It concludes that both EU law and the ICSID Convention are determining factors for the enforcement of intra-EU ICSID awards. As a result, the legal situation involves two competing legal orders each claiming superiority within their scope of application – an increasingly common situation in multilevel systems of governance. Discussing the various legal issues surrounding enforcement of intra-EU ICSID awards, the article proposes a solution to such problems along the lines of the ECtHR’s Bosphorus jurisprudence.
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