On Wednesday 12 March, the European Commission sent a reasoned opinion to Hungary for undermining the EU’s position on investor-state arbitration within the EU under the Energy Charter Treaty (ECT) and contradicting the case law of the Court of Justice (see EUROPE B12782A13).
In June 2024, 26 Member States signed a declaration on the legal consequences of the Komstroy ruling, reaffirming that the ECT arbitration clause does not apply within the EU (to disputes between a Member State...