Achmea, Enforcement, EU Law, Europe, European Law, European Union, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS
German Supreme Court Confirms Intra-EU BIT Does Not Give Access to Investor-State Arbitration in Light of CJEU’s Achmea Decision
The extent to which different dispute resolution fora are willing to pay deference to the Court of Justice of the EU’s (“CJEU”) seminal (and controversial) Achmea decision is being closely observed by investors and States alike. 1) Not to mention the European Commission, which has sought to make itself heard in numerous proceedings relating to intra-EU…