De la Achmea la Komstroy în practica CJUE cu privire la arbitrajele fundamentate pe tratate investiționale intra- EU. Cronica unei morți anunțate
From Achmea to Komstroy in the ECJ jurisprudence on the the investment treaties concluded intra-EU arbitration. The chronicle of a death foretold

Summary/Abstract: Achmea has become a milestone in the practice of the Court of Justice of the European Union ("CJEU") regarding the incompatibility with European law of the arbitration clause in the bilateral investment treaties ("BITs") concluded between Member States of the European Union (" intra-EU ”). The article seeks to unravel the story started by the CJEU in Achmea in 2018 with the Komstroy ruling in 2021, which declared the Energy Charter Treaty (“ECT”) incompatible with EU law, as it provides for arbitration between EU investors and EU Member States and analyzes the impact in Komstroy, both for investors and for EU Member States involved in ECT-based investment arbitration, both intra-EU and extra-EU.

• Details
• Contents