The Tribunal has decided to partly satisfy the European

The Tribunal has decided to partly satisfy the European Commission Application to intervene in the arbitration between AS Tallinna Vesi, United Utilities and Estonian Government. The Tallinn Administrative Court will make a decision in the dispute concerning the damages claim submitted against the Estonian Competition Authority in 2014 on 19 November 2018.

On 22^nd August 2018, the European Commission submitted an Application for Leave to Intervene to the arbitration between AS Tallinna Vesi, United Utilities (Tallinn) B.V. and Estonian Government as a Non-Disputing Party. European Commission requested to intervene and make submissions in the arbitration limited to the jurisdictional question of the possible legal consequences of the judgment of Achmea (case C‑284/16 of the Court of Justice of the European Union).

On 2^nd October, the Tribunal decided to satisfy the Commission’s Application in part, namely the Commission is invited to submit a single written submission of up to 15 pages within 10 days by 12 October 2018. Both parties (Claimant and Respondent) may each file comments to the submission by 26^th October 2018. The Tribunal rejected the Commission’s request for access to the documents filed in the case and for attending any further hearing, as no such hearing is either scheduled or foreseen.

There is no fixed deadline on the decision of the Tribunal on the Arbitration.

The procedural orders and decisions issued during the arbitration proceedings, subject to the redaction of confidential information, are available on the ICSID webpage.

The Tallinn Administrative Court made a ruling on 5 October 2018 according to which the court will publicly announce the decision in the dispute between AS Tallinna Vesi and the Competition Authority in administrative case 3-14-363 on 19 November 2018. The administrative case concerns AS Tallinna Vesi’s complaint against the Competition Authority for the compensation for loss of tariff income, as well as complaints challenging the refusal to review AS Tallinna Vesi’s applications for the approval of water tariffs for 2013-2017.

Riina Käi
AS Tallinna Vesi
Chief Financial Officer
(+372) 62 62 262
riina.kai@tvesi.ee

The Tribunal has decided to partly satisfy the European Commission Application to intervene in the arbitration. The Tallinn Administrative Court will make a decision in the dispute concerning the damages claim.