Op-Ed: “Completing the unfinished Achmea business in the Komstroy case: farewell to intra-EU ECT-based investment arbitration?” by Alessandro Monti and Matteo Fermeglia
This contribution is part of the EU Law Live Symposium on the Court of Justice’s judgment in Republic of Moldova v Komstroy LLC (C-741/19). See also the Op-Eds by Edoardo Stoppioni, Michael de Boeck, Andrés Delgado Casteleiro, Paschalis Paschalidis and Gillian Cahill.
With the adoption, in May 2020, of the Agreement for the termination of Bilateral Investment Treaties between the Member States of the EU (Termination Agreement), the teeth of the Achmea judgment have been sharpened, reducing at the source the risk of intra-EU disputes before international investment tribunals. While killing most birds with the same stone (see here), the Termination Agreement left unaddressed the question concerning the