The aftermath of Achmea Since the judgment of the Court of Justice of the European Union (CJEU) in Achmea, defending EU Member States and the European Commission have questioned the…

…the consistency, full effect and autonomy of EU Law (Achmea, ss 35-60). Following Achmea, the European Commission’s Communication COM(2018)547/2 of 19 July 2018 and the Declarations of the Representatives of…

Achmea case]” (para. 87). The General Court’s decision was appealed by the Commission before the Court of Justice on 27 August 2019. In parallel, the Micula brothers lodged applications for…

…for one more reason. Investment treaty arbitration requires the interpretation of international treaties governing investment regimes in an environment where other international instruments function. The Achmea saga is a prime…

…examples of such treaties include the EU-Singapore IPA and the EU-Vietnam IPA. Following the Court of Justice of the European Union’s judgment in Achmea on 6 March 2018 which found…

…the CJEU’s Achmea judgment, EU investors cannot invoke the ECT against Member States anymore. Moreover, the Member States proclaimed that arbitral tribunals have lost their jurisdiction to hear intra-EU ECT…