The First Ever Interpretative Preliminary Ruling Concerning the Validity of an International Agreement Between EU Member States. The Achmea Case

2018

EUROPEAN PAPERS

The First Ever Interpretative Preliminary Ruling Concerning the Validity of an International Agreement Between EU Member States. The Achmea Case

01 Pubblicazione su rivista

Cimiotta Emanuele

ISSN: 2499-8249

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.

arbitration clause autonomy of eu law BIT declaration of invalidity interpretative preliminary ruling national tribunal under art. 267 TFEU