August 01
2021
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21st April 2021
Banking & Finance Consumer, Health & Environment External Relations & Trade

Op-Ed: “The Anie judgment: a fundamental contribution to the judicial construction of the interactions between EU law and international investment law” by Edoardo Stoppioni

The recent Anie decision (C-798/18 and C-799/18) constitutes a fundamental step in the ongoing judicial construction of relations between international investment law and EU law. As I have demonstrated elsewhere (here and here), until recently the work of the Court of Justice in this field had indeed focused on structuring procedural issues concerning mainly the compatibility of investment arbitration within the internal market (Achmea) or in EU external relations law (Opinions 2/15 and 1/17).

Apart from Advocate General (AG) Wathelet’s Opinion in Achmea that tried to defend a sort of complementarity of the BITs protection with EU law (paragraph 183 ff), the main contribution concerning the substantial aspects of such an interacti

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