Wyrok Wielkiej Izby TSUE w sprawie C-284/16 Achmea: jedna decyzja – wiele perspektyw
CJEU Judgment in Case C-284/16 Achmea: One Decision – Many Perspectives

Summary/Abstract: CJEU judgement in case C-284/16 Achmea is of fundamental importance for the future relationship between EU law and investment agreements concluded between EU Member States. In this judgement CJEU declared that the provisions of these agreements allowing investors to bring their claims directly to investment arbitral tribunals are contrary to EU law. Consequently, Member States are obliged to terminate such investment agreements concluded between themselves and undertake any actions available not to allow for their continuous application. This, however, may take a lot of time: not only one has to finalise the process of termination of these agreements, but the proceedings initiated on the basis thereof should be terminated as well. This means that the investment arbitration proceedings may drag on for many years. This makes it necessary to consider of the consequences of the Achmea judgement not only from the point of view of EU law but, equally, from the standpoints of the investment protection and national arbitration laws as well. As arbitration practice could suggest, incompatibility of an international agreement with EU law does not have to lead automatically to its inapplicability by investment tribunals. Similarly, restrictive practice of national courts in relation to arbitration matters could also be viewed as a potential hurdle for providing for a practical effectiveness of EU law. Therefore, both legal certainty and the effectiveness of EU law demand a possibly swift termination of the intra-EU investment agreements along with the “sunset clauses”.

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