EU Member States’ reaction to Achmea: a comment on the declarations of 15 and 16 January 2019 on the termination of intra-EU bilateral investment treaties

Victoria García Verón, Daniel Sarmiento Ramírez-Escudero.

2019 Investment Arbitration Outlook Uría Menéndez, n.º 5

The Member States of the European Union (‘EU’) have addressed the legal consequences of the judgment of 6 March 2018 (CJEU Case No. C-284/16) in three separate political declarations which were issued on 15 and 16 January 2019. In those declarations, every Member State has undertaken to terminate all existing intra-EU bilateral investment treaties (‘BITs’) by 6 December 2019 by means of either a plurilateral treaty or bilaterally, to comply with the judgment.

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