On Monday 16 December, the European Commission decided to refer London to the Court of Justice of the European Union to put an end to the bilateral investment treaties (BITs) it has signed with six EU Member States. The Commission considers that the BITs concluded by the United Kingdom with Bulgaria, Croatia, Lithuania, Poland, the Czech Republic and Slovenia do not comply with European law.
A 2018 Court judgment confirmed the illegality of BITs between Member States. In 2020, the Member States agreed on a plurilateral agreement that would put an end to all bilateral treaties. London, however, did not sign this agreement, although it had the opportunity to do so, and the BITs it concluded with six EU Member States continue to be in force.
Since the UK was still part of the EU in 2020, the Commission believes that it violated and is still violating EU law. A letter of formal notice and a reasoned opinion sent by the Commission in 2020 were not enough to bring the United Kingdom into compliance. (Original version in French by Léa Marchal)