Ricerc@Sapienza

In its judgment of 6 March 2018, in Achmea (case C-284/16 [GC]), the CJEU for the first time ruled on the validity, in light of EU law, of an international agreement between Member States. The judgment raises several important legal questions. This Insight concentrates exclusively on those related to the concept of “tribunal” within the meaning of Art. 267 TFEU and the conse- quences of the declaration of invalidity contained therein.

The Achmea case has generated much controversy and fierce criticism from investment lawyers and international law specialists. This Special Section takes such reaction as an invitation to investigate the premises and the impressive set of consequences inferred from the judgment, both for investment arbitration and the European integration process. But the Achmea judgment is not only about how EU law interacts with international investment law.