The Fate of BITs between EU States after Achmea

Álvaro López de Argumedo, Jesús Saracho Aguirre.

2018 Investment Arbitration Outlook Uría Menéndez, n.º 3


On 6 March 2018, the Grand Chamber of the Court of Justice of the European Union (‘CJEU’) rendered its decision in, ruling that the dispute resolution provisions included in bilateral investment treaties (‘BITs’) concluded between Member States (‘Intra-EU BITs’) are not compatible with European Union (‘EU’) law and, in particular, with Articles 267 and 344 of the Treaty on the Functioning of the European Union (‘TFEU’).

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