The oil companies could only successfully sue for compensation for being banned from fracking, when the ban only applies to foreign companies, i.e. only when th

The oil companies could only successfully sue for compensation for being banned from fracking, when the ban only applies to foreign companies, i.e. only when the ban is discriminatory. Source: The EU commission says “The protection given covers a limited number of specific actions which can concretely affect an investor’s daily business operations in a foreign market, i.e. discrimination, denial of access to justice, expropriation without compensation and the inability to transfer capital to invest.“