The European Commission has opened an infringement procedure against Hungary by sending a letter of formal notice, on Thursday 25 July, for undermining the EU’s position on the prohibition of intra-EU investor-State arbitrations related to the Energy Charter Treaty (ECT) (see EUROPE B13441A36) and for contradicting the case law of the Court of Justice of the EU.
On 26 June 2024, the EU and 26 Member States declared the ECT arbitration clause inapplicable to intra-EU disputes following...