B3 Croatian Courier Cooperatief UA v Croatia - ICSID Case No. ARB/15/5 - Excerpts of Award - 5 April 2019
Reproduced from www.worldbank.org/icsid with permission of ICSID.
The Claimant operated a company in Croatia which provided postal services. The case concerned allegations that the Croatian Government, through the actions of the Ministry of Transport, the Competition Authority and the postal services regulator, violated the applicable regulatory framework and attempted to re-monopolize the postal services market. According to the Claimant, by failing to properly apply the regulatory framework and by discriminating against the Claimant, Croatia failed to accord the Claimant fair and equitable treatment. Also, the Claimant complained that Croatia's treatment led to the complete destruction of the value of its investment, and therefore the measures amounted to an indirect expropriation.
For all the reasons developed in this Award, the Tribunal decides as follows:
(a) Finds that it does not have jurisdiction ratione temporis over events that took place prior to 1 April 2011;
(b) Finds that it has jurisdiction to hear Claimant's claims pertaining to events that took place subsequent to 1 April 2011;
(c) Finds that Respondent, the Republic of Croatia, breached Article 3(1) of the Treaty;
(d) Dismisses Claimant's claim that Respondent expropriated its investment;
(e) Dismisses Claimant's claim for damages;
(f) Orders Respondent to pay Claimant the amounts of USD 554,616.31 and EUR 3,659,607.49 as compensation for Claimant's costs in this arbitration;
(g) Dismisses all other claims.