(20)

the following articles are inserted: ‘Article 11e Any Member State shall, where applicable, take any appropriate measures to recover or be entitled to recover, in judicial proceedings before the competent courts of a Member State, any direct or indirect damages, including legal costs, incurred by that Member State as a consequence of investor-State dispute settlement proceedings brought against a Member State in connection with measures imposed under this Regulation or Regulation (EU) No 269/2014. The Member State shall, where applicable, be entitled to recover such damages from any persons, entities or bodies referred to in Article 11(1), point (a), (b) or (c), of this Regulation, which initiated, intervened or participated in the investor-State dispute settlement or which seek to enforce any award, decision or judgment related to the investor-State dispute settlement and persons, entities or bodies that own or control any of those persons, entities or bodies. Where applicable, the Union shall be entitled to recover any damages incurred by it under the same conditions. Article 11f Member States shall raise any available objection to the recognition and enforcement of arbitral awards that were rendered against them in investor-State dispute settlement proceedings in connection with measures imposed under this Regulation or Regulation (EU) No 269/2014.’ ;

2 national measures recorded under this provision, in 1 form — sign in to view the analysis.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-16 · Text as adopted (Official Journal); later amendments are not incorporated in this text.