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
By Damon Vis-Dunbar 2 October 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 […]
European Court of Justice rules that certain Swedish and Austrian BITs are incompatible with the EC Treaty
By Damon Vis-Dunbar 4 March 2009 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. The European Commission brought Sweden and Austria to the ECJ in 2006, after these countries refused to eliminate ‘transfer clauses’ in BITs signed with […]
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 […]