On Thursday 17 July, the European Commission decided to refer Hungary to the Court of Justice of the European Union 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 Court’s ‘Komstroy’ judgment, reaffirming that the ECT arbitration clause did not apply...