RREEF Infrastructure (G.P.) Limited and RREEF Pan-European Infrastructure Two Lux S.ŕ r.l. v Kingdom of Spain - United States District Court for the District of Columbia Civil Action No 2019-3783 - The Kingdom of Spain's Opposition to Petitioners' Motion for Substitution - 20 February 2023
The Kingdom of Spain opposes Petitioners' Motion for Substitution (ECF No. 51). Under Federal Rule of Procedure 25(c), substitution is permissive and left to the Court's discretion. Courts permit substitution when it promotes the efficient resolution of the dispute. The proposed substitution offers no gain in efficiency. Spain's motion to dismiss is fully briefed and ripe for decision. Instead, the proposed substitution appears designed to evade the application of EU law by substituting a US entity as the named petitioner. The Court should exercise its discretion to deny the Motion for Substitution and allow this case to resolve between the proper parties.