Legal briefing

The Court of Justice rules against intra-EU arbitration under the Energy Charter


In this Briefing, we analyse how the court of justice rules against intra-ue arbitration under the Energy Charter.

In its recent decision on the Komstroy case, the Court of Justice of the European Union has extended the logic of the Achmea case to intra-EU arbitrations under the Energy Charter Treaty. It considers that, under EU law, arbitrations concerning disputes between a Member State and an investor from another EU state are not valid.

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