Resumen de L’arrêt de la Grande Chambre de la CJUE du 6 mars 2018 dans l’affaire Achmea: la fin des TBI européens?
The Achmea case (Court of Justice, judgment of 6 March 2018, case C-284/16) gave the opportunity to the Grand Chamber of the Court of Justice to settle a longstanding controversy: investment arbitration is contrary to the principle of the autonomy of the European Union legal order. The reach of the decision, which was delivered in the context of an intra-EU BIT, goes far beyond the issues of arbitration and treaties concluded between Member States. This Insight explores the basis of the legal reasoning of the decision of the Court – which contributes to the consolidation of the European constitutional identity – and considers its consequences for the future of investment treaties of the European Union and its Member States.
