Arbitration Links - Linklaters
  • Year: 2018
  • Month: July
  • Topic: Investment Arbitration

The changing landscape of intra-EU investment protection: latest communication by the European Commission and other post-Achmea developments

31 July 2018 Kirstin Schwedt; Maximilian Reichert, Europe


In the wake of the Court of Justice of the European Union’s (“CJEU”) judgment in Achmea, the European Commission recently communicated that “EU investors cannot invoke intra-EU BITs” or the Energy Charter Treaty (“ECT”) for intra-EU investments and advertised alternative remedies available under EU law. Meanwhile, ICSID tribunals have continued to render awards on intra-EU investment disputes and a court in Stockholm is considering a preliminary reference to the CJEU with respect to the ECT (for further background see our previous posts on Achmea here, here and here.) But even five months after Achmea and numerous contributions to the debate on its interpretation, the pivotal questions remain unanswered.

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