Festorino and others v. Poland Festorino Invest Limited, Fosontal Limited, Petra Salesny, Peter Derendinger and Petr Rojicek v. Republic of Poland (SCC Case No. 2018/098)



Ownership (100%) of Blue Gas N’R’G Holding sp. z o.o., holding four Blue Gas subsidiaries to develop six natural gas mining projects with power plants (Uników, Wrzosowo, Stanowice, Międzyzdroje, Zakrzewo and Lelików).
Claims arising out of Government authorities’ alleged arbitrary and discriminatory conduct in administrative proceedings to grant licenses for the claimants’ gas exploration and mining projects. According to the claimants, Government authorities caused unjustified delays that resulted in the bankruptcy and shutdown of Blue Gas subsidiaries.
Primary: B - Mining and quarrying
6 - Extraction of crude petroleum and natural gas
SCC (Stockholm Chamber of Commerce)
SCC (Stockholm Chamber of Commerce)
Cremades, B. M.
Hobér, K.
Douglas, Z.
Decided in favour of State
Data not available
Data not available
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage