Spain wins landmark victory in decades-long dispute over lost energy subsidies
MADRID — The Spanish government has won a significant victory in a long-running legal dispute with international investors over its decision more than a decade ago to scrap renewable energy subsidies.
This week, a Belgian court overturned a ruling that ordered the Spanish government to pay investors nearly €76 million.
It was a major win for Spain, which has been fighting attempts to freeze its assets around the world from clean energy investors who claim they are owed at least €2 billion in subsidies.
The dispute dates back to 2013, in the middle of the European debt crisis, when cash-strapped Spain, then under a new conservative government, decided to remove subsidies for renewable energy. Investors who had poured money into Spanish renewables said this was a breach, as they had invested on the understanding they would receive the subsidies.
The International Centre for Settlement of Investment Disputes ruled that Spain must pay the money, but the European Commission has told Spain doing so would constitute unlawful state aid.
The standoff has played out all over the world, with investors attempting to freeze Spanish assets in multiple jurisdictions. In June, U.S. investment fund Blasket Renewable Investments LLC issued subpoenas demanding documents from Adidas, Hilton Hotels, and other entities involved in Spain’s Football World Cup participation to help with its bid to freeze Spanish assets.
In the end, the team went back home with its assets intact, along with the World Cup.
Spain also has cases going on in courts in Australia, Germany and the U.S.
In 2023, a British court ordered an embargo on an international school in London owned by the Spanish state. The Belgian court’s original decision was one of the few examples where investors were successful, and the decision this week to overturn it will set a precedent for other challenges.
The case
Spain’s defense persuaded a Belgian court to lift an embargo imposed in 2025 on state-owned air-navigation company Enaire for €75.76 million, according to documents seen by POLITICO.
The case was also brought by Blasket, which bought the dispute from an investment fund called RREEF. The European Commission intervened in support of Spain.
RREEF, which was originally linked to Deutsche Bank, invested in Spanish wind and solar power under a 2007 regulatory framework that guaranteed subsidies for renewable energy. In 2013, amid the economic crisis, the government of then-Prime Minister Mariano Rajoy, of the conservative People’s Party, cut those subsidies to reduce electricity costs.
International investors turned to arbitration, arguing that the Energy Charter Treaty, an international agreement signed in the 1990s, guaranteed them fair and predictable treatment. The funds sought more than €10 billion in compensation, according to sources at Spain’s Environment Ministry.
The International Centre for Settlement of Investment Disputes, part of the World Bank, which handled most of the arbitration cases, ruled against Spain, though it reduced the amount sought in many cases. The total awards came to about €2 billion. In its 2019 ruling, the tribunal ordered Spain to pay RREEF €59.6 million, plus interest and costs.
Most of the claims, including RREEF’s, were sold to Blasket, which began seeking to enforce the awards. The funds have searched for Spanish assets that could be seized to satisfy the claims.
Spain says it cannot pay because the European Commission has determined that doing so would constitute unlawful state aid. The funds invested through companies based in Luxembourg, and the EU’s top court ruled that the Energy Charter Treaty did not apply to disputes between EU investors and EU member states; EU law governed instead.
In August 2026, the Commission opened infringement proceedings against Spain over a €23 million payment on an award involving a Japanese company, which was not based in the EU.
On June 17, 2025, Blasket secured a Belgian court order freezing €75.76 million belonging to Enaire, the state-owned company that manages air navigation in Spain. Enaire receives payments from Eurocontrol, the Brussels-based European organization that collects air-navigation charges from airlines and distributes the proceeds.
That arrangement made it possible to freeze Spanish public funds in Belgium. After a legal dispute, Spain deposited €75,759,538 on May 4, 2026.
The freeze was a high-profile win for investors pursuing Spain. They have secured other attachments in the United Kingdom and are engaged in ongoing U.S. court disputes over enforcement of the awards.
Spain appealed, and the European Commission intervened on its behalf. The Belgian state also argued that the attachment breached EU law. The Belgian court has now ruled in Spain’s favor, lifting the freeze and ordering Blasket to pay the legal costs.
That leaves Spain in a stronger position against international investors seeking to enforce the awards — at least within the EU.
