Current and future investment treaties and chapters involving EU member states or the Union itself may be profoundly impacted by a landmark ruling of the European Court of Justice (ECJ). In this piece, the author explores the judgement from an EU constitutional point of view and analyzes potential consequences. Did the Achmea ruling come as a surprise to EU law insiders?
In theory, the common European market works based on principles that protect intra-EU cross-border investments. In practice, can these principles be reconciled with dozens of intra-EU BIT still in place?
The European Court of Justice published its Opinion 2/15 on the European Union–Singapore FTA on May 16, 2017.
Can the European Union act alone in concluding agreements such as CETA and the EU–Singapore FTA? Or must EU member states also ratify them? ECJ Advocate General Sharpston discusses the allocation of powers in the field of investment under EU law.
Advocate General renders opinion on Finland’s investment treaties with non-EU countries; Sweden begins compliance with earlier ECJ decision
October 2, 2009 Correction: The original version of this article indicated that the ECJ had rendered a decision in the case Finland. In fact, an Advocate General has issued an opinion, which is not binding on the Court. The article has been revised accordingly. An Advocate General of the European Court of Justice (ECJ) […]
European Court of Justice rules that certain Swedish and Austrian BITs are incompatible with the EC Treaty
The European Court of Justice (ECJ) has ruled that certain clauses in Sweden and Austria’s bilateral investment treaties are incompatible with the European Community (EC) Treaty.
By Damon Vis-Dunbar 17 July 2008 The ECJ advocate general sides with the European Commission in arguing that Austria and Sweden should have amended some of the pre-accession BITs with non-EU countries. In an opinion issued on 10 July 2008, the European Court of Justice’s advocate general argues that provisions guaranteeing the free movement of […]