…Slovak Republic v. Achmea (“Achmea”) and Republic of Moldova v. Komstroy LLC (“Komstroy”) cases, effectively invalidating the ECT’s investor-State dispute settlement (“ISDS”) provision for disputes between nationals of one EU…
…competence to review measures pre-dating Romania’s accession to the EU and distinguishing the case from Achmea (see our previous coverage here). However, the investors’ initial success before the EU court…
…consent to arbitrate disputes arising out of the BIT. Achmea challenged the BGH’s decision by way of constitutional complaint with the German Federal Constitutional Court (“BVG”). In addition, Achmea filed…
…state’s right to be heard. Among its jurisdictional objections, the state invoked the ruling of the Court of Justice of the EU (CJEU) in the Achmea case and claimed that…
…Harry Nettlau, Willkie Farr & Gallagher LLP, ITA Reporters for Germany In its Achmea and Komstroy decisions, the Court of Justice of the European Union (‘CJEU’) established that intra-EU arbitration…
There is no dull moment in the intra-EU realm. Pandora’s box has long been opened by the Court of Justice of the European Union (“CJEU”) with its Achmea decision leading…
…initiative which, as well known, only developed after the 2018 Achmea judgement. Regrettably, this possible dark fate for the ECT materialized on 30 May 2024 with the Belgian presidency’s announcement…
…that EU law prohibits arbitral tribunals from exercising jurisdiction in intra-EU ECT arbitrations (see e.g., Electrabel, paras. 4.89-4.110; Vattenfall, paras. 80-91). Following the CJEU’s 2018 Achmea judgment, which ruled that…
…and commercial arbitration established in Achmea and may thus complicate the enforcement of commercial arbitration awards involving EU competition law. Sassoon shared insights from her recent “Empirical Analysis of National…
…concluded between EU member states and in the ECT violate EU law and must not be applied (Achmea; Komstroy). Following Spain’s refusal to pay, RWE initiated enforcement proceedings in the…
…after the Achmea and Komstroy decisions of the Court of Justice of the European Union (“CJEU”). London as a favoured seat for arbitration proceedings The Europe horizon scanning session…
…alternative treaties, ideally involving non-EU member states, given the growing limitations on intra-EU BITs due to the CJEU’s Achmea judgment (covered, here), which has significantly impacted the enforceability of intra-EU…
…her speech discussing Achmea and Komstroy, reminding that tribunals highlighted the key difference of commercial and investment arbitrations: while in the former, a tribunal’s powers derive from party autonomy, in…
…14 disputes initiated by EU investors against the Italian State under the Energy Charter Treaty (“ECT”) (some of these discussed here) and falls into the stream of post-Achmea cases involving…
…Court of Justice of the EU decisions in Achmea and Komstroy whilst confusing the “effective application” of EU law (effet utile) with mere “efficiency”, thus paving the way for a…
…The SSC Disregards Achmea and Komstroy Prior to addressing Spain’s arguments, the SSC had to determine the weight that it should give to Achmea and Komstroy. As the SSC recalled,…
In a recent judgment dated 14 March 2024, European Commission v UK Case C-516/22, the Court of Justice of the European Union (“CJEU”) ruled that the UK failed to comply…
…refused to enforce them, reasoning that payments may violate EU law, constituting illegal state assistance. Moreover, the Court of Justice of the EU (“CJEU”) in Achmea and later in Komstroy…
…issued two further decisions that widened the scope of Achmea to also cover the ECT and ad hoc investment arbitration agreements (Komstroy and PL Holdings). Since the Achmea judgment, however,…
…outside the EU in the wake of the Achmea and Komstroy cases. First, he stated that since Achmea, it has been clear that intra-EU awards stand almost no chance of…
…Member States under the NYC and their (essentially) international obligations under EU law. This is far more complex than mere Achmea. First, there is no violation of the NYC in…
…Hennessee first summarised the reception of Achmea in two words: disappointment and resignation. He noted that in the post-Achmea world, investors have to run risk calculations based on particularities of…
…Union’s decision in Achmea. The FCJ declined to apply the Achmea rule to BITs concluded between an EU Member State and a third country, and rejected India’s challenge (Beschluss des…
…explained, the judgement is a ‘very clear, elaborately reasoned and strongly worded rejection’ of the relevant CJEU rulings in Achmea and Komstroy as a ‘basis for the non-enforcement of ICSID…
