Abstract: The Achmea case (Court of Justice, judgment of 6 March 2018, case C-284/16) gave the opportunity to the Grand Chamber of the Court of Justice to settle a longstanding controversy: investment arbitration is contrary to the principle of the autonomy of the European Union legal order. The reach of the decision, which was delivered in...
Abstract: In the much-awaited Achmea judgment (of 6 March 2018, case C-284/16 [GC]), the Court of Justice held that investor-state tribunals (ISTs), “such as” the one under the Netherlands-Slovakia intra-EU bilateral investment treaty (BIT) are incompatible with EU law. In this arguably short judgment, the Court of Justice consolidated its...
Abstract: This Insight comments on the recent judgment of the Court of Justice in Associação Sindical dos Juízes Portugueses (judgment of 27 February 2018, case C-64/16). The Court took advantage of this case to emphasise the potential of EU law to consolidate and defend the rule of law structures in the Member States. The Court...
Abstract: In its judgment of 6 March 2018, in Achmea (case C-284/16 [GC]), the CJEU for the first time ruled on the validity, in light of EU law, of an international agreement between Member States. The judgment raises several important legal questions. This Insight concentrates exclusively on those related to...
Abstract: The latest version (published on the 25 November 2016) of the recommendations of the Court of Justice of the European Union to national courts and tribunals, in relation to the initiation of preliminary ruling proceedings, is the actualisation of the former version of 2012. This new version introduces little change, in both the substance...
Abstract: This Insight focuses on the decision Association France Nature Environnement (judgment of 3 November 2016, n. 360212) adopted by French Conseil d’Etat on the basis of a preliminary ruling of the Court of Justice. The combined effect of the two decisions – the preliminary ruling of the Court of Justice (judgment of 28 July...
Abstract: In Ognyanov (judgment of 5 July 2016, case C-614/14), the Court of Justice held that Bulgarian courts have to set aside a national rule aimed at protecting fundamental rights of the parties that has the effect of automatically disqualifying a court that refers questions for a preliminary ruling along with the factual and legal...
Abstract: Can the Court of Justice of the European Union assert jurisdiction and provide a national court with an interpretation of Union law in a case referred to it from a national court under an Art. 267 TFEU preliminary reference, when the subject matter is in regard to the Common Foreign and Security Policy (CFSP)? This was one of a number of...
Abstract: In Association France Nature Environnement (judgment of 28 July 2016, case C-379/15), the Court of Justice dealt with two issues. First, is it possible for national courts to limit the effects of a judicial decision annulling national law contrary to EU law in the field of environmental protection? Second, are national courts...
Abstract: In its judgement of 28 July 2016 (case C-41/11, Inter-Environnement Wallonie e Terre wallonne), the CJEU confirmed its settled case law concerning the interpretation of Art. 267, para. 3, TFEU. Indeed, since CILFIT, the CJEU has allowed national courts of last instance to solve by themselves interpretative problems in the...
