Dziś jest poniedziałek, 18th październik 2021

Ect Mixed Agreement

The reason for this is that the differences between the ICTY tribunal in the LBBW case against Spain and the Achmea procedure (UNCITRAL) were „more important than the similarities”. The ECT is a multilateral and mixed agreement to which the EU itself is a party. On the other hand, bilateral investment agreements are usually concluded directly between two countries without the participation of the EU. Moreover, unlike bilateral treaties, Article 26 of the EC Treaty is not limited to disputes within the EU, but also applies to the claims of investors from non-EU countries, for example. B from Japan or Australia. In such cases, EU law clearly does not favour any objection of jurisdiction – which has not even been challenged by Spain, as expressly stated by the Court of Justice. .

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