L’arbitrato in materia di investimenti prima e dopo Achmea

Mancaleoni, Anna Maria

;Serra, Maria Luisa

2020-01-01

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Abstract

The decision rendered by the EU Court of Justice in Achmea established that the investor-State arbitration procedures laid down in bilateral investment treaties stipulated between EU Member States are not compatible with EU law (in particular with Article 267 TFEU, the principle of mutual trust, the principle of sincere cooperation and the autonomy of the EU legal order). In the immediate aftermath the decision has left many questions open and the gaps have been only partly solved by subsequent developments. The present article describes the scenario and explores the theoretical and practical implications of the case in the evolving legal framework.