On 6 February 2019, the Trade Policy Committee (Services and Investment) was consulted, in accordance with the principle of loyal cooperation, regarding non-disputing party interventions lodged, or to be lodged, by the Commission on behalf of the EU in investor-to-State dispute settlement proceedings under Bilateral Investment Treaties (BITs) covered by Regulation (EU) No 1219/2012.
In particular, the Committee discussed the non-disputing party interventions by the Commission on behalf of the EU in the following investor-to-State dispute settlement proceedings:
a) Antonio del Valle Ruiz et al v. Kingdom of Spain (UNCITRAL) and GBM Global et al. v. Kingdom of Spain (ICSID)
b) Iskandar Safa and Akram Safa v. Hellenic Republic, ICSID Case No. ARB/16/20
 As interpreted by the Court of Justice in Case C-73/14 (Council v Commission [ITLOS], EU:C:2015:663).
 Pursuant to Article 13(b) of Regulation (EU) No 1219/2012 (OJ L 351, 20.12.2012, p.40), Member States shall inform the Commission of any representations made to them that a particular measure is inconsistent with a Bilateral Investment Treaty (BIT) between the Member State concerned and a third country, and of any request for dispute settlement lodged under the auspices of that treaty. The Member States and the Commission shall fully cooperate and take all necessary measures to ensure an effective defence which may include, where appropriate the participation in the procedure by the Commission.