COURT OF JUSTICE OF THE EU / Energy

Arbitration mechanism of Energy Charter Treaty not applicable to disputes between EU investors and Member States, according to Court

Brussels, 02/09/2021 (Agence Europe)

Article 26 of the Energy Charter Treaty (ECT) – which provides, inter alia, for the possibility of resolving a dispute between an investor and an ECT signatory country via an arbitration tribunal – must be interpreted as not being applicable to disputes between an investor from an EU Member State and another Member State. This was the emphasis of the Court of Justice of the European Union (CJEU) in a judgment handed down on Thursday 2 September (case C-741/19).

In this judgment, the...