No Enforcement of the Energy Charter Treaty Arbitration Clause on Intra European Investments: A Legal Pirouette from the Commision through its Communication on the Protection of Intra-EU Investment (19 July 2018)

  • Enric R. Bartlett Castellá Universitat Ramón Llull
DOI: https://doi.org/10.18543/ced-61-2019pp169-194
Keywords: investment arbitration, communication from the European Commission on Protection of Intra-EU Investment, legitimate expectations, achmea ruling, European Union Law

Abstract

On 19 July 2018 the European Commission published its communication on intra-EU investment protection. The communication refers to the ruling of the Court of Justice of the European Union on the Achmea case (6 March 2018) in considering non-existent the arbitration clause provided for in Article 26 of the Energy Charter Treaty between investors and the state, in cases of investors from Member States and other Member States. This paper refers to this communication and assesses its congruence with EU law and international law.

Received: 29 March 2019
Accepted: 03 July 2019
Published online: 31 October2019

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Author Biography

Enric R. Bartlett Castellá, Universitat Ramón Llull
Profesor de Derecho público en ESADE Business & Law Schools
Published
2019-10-31
How to Cite
Bartlett Castellá, Enric R. 2019. “No Enforcement of the Energy Charter Treaty Arbitration Clause on Intra European Investments: A Legal Pirouette from the Commision through Its Communication on the Protection of Intra-EU Investment (19 July 2018)”. Deusto Journal of European Studies, no. 61 (October), 169-94. https://doi.org/10.18543/ced-61-2019pp169-194.
Issue
No. 61 (2019): Studies on European Private Law: A Step Forward Towards its Unification
Section
Other Articles

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