10.15166/2499-8249/202
Cimiotta, Emanuele
Emanuele
Cimiotta
Sapienza University of Rome
The First Ever Interpretative Preliminary Ruling Concerning the Validity of an International Agreement Between EU Member States: The Achmea Case
European Papers (www.europeanpapers.eu)
2018
European Forum Insight
autonomy of EU law
interpretative preliminary ruling
declaration of invalidity
national tribunal under Art. 267 TFEU
BIT
arbitration clause
Research Centre For European Law, Unitelma Sapienza-University Of Rome
2018-05-17
en
2499-8249
text/html
PDF
Creative Commons Attribution Non Commercial No Derivatives 4.0 International
European Papers - A Journal on Law and Integration, 2018 3(1), 337-344
European Papers - A Journal on Law and Integration, 2018 3(1), 337-344
European Forum Insight of 17 May 2018
I. The facts of the case. - II. The judgment and its reasoning. - III. Some of the problems related to the scope and consequences of an interpretative preliminary ruling indirectly concerning the validity of an agreement between Member States. - IV. A few brief concluding remarks.
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 consequences of the declaration of invalidity contained therein.