In a letter sent on Monday 19 May to the Chairmen of the European Parliament’s Committees on International Trade (INTA), Bernd Lange, and Industry (ITRE), Borys Budka, the General Secretariat of the Council of the EU announced its approval of the European Parliament's proposal on the agreement concerning intra-EU arbitration procedures within the Energy Charter Treaty (see EUROPE 13639/15).
This so-called ‘inter se’ agreement states that the ECT arbitration clause cannot be applied to disputes between a Member State and an investor from another EU country concerning an investment made in the first Member State. This interpretation was settled in the Komstroy ruling in 2021 (see EUROPE 12782/13).
By giving its approval, the Council of the EU means that the act is adopted in the wording that corresponds to Parliament's position. The Council is expected to adopt this decision at its June plenary session, following approval by the parliamentary committee on 29 January of a simplified procedure (see EUROPE 13568/14).
To see the letter: https://aeur.eu/f/gwo (Original version in French by Pauline Denys)