The Termination of Bilateral Investment Treaties in the EU – One Agreement to End Them All?

My colleagues Nick Storrs and Michael Wietzorek look at the EU memberstates’ exit from bi-lateral investment treaties (BITs) in the wake of the Achmea decision of the European Court of Justice. This case had several appearances on this blog, as it made its way from the Frankfurt Court of Appeals (Oberlandesgericht) and the Federal Supreme Court (Bundesgerichtshof) to the European Court of Justice, first under its original name, Slovakia v. Eureko. 

On 5 May 2020, 23 Member States of the EU entered into an Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union (the Agreement). The Agreement will terminate any bilateral investment treaties (BITs) in force between any of Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, France, Germany, Greece, Hungary, Latvia, Lithuania, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, and Spain, as well as Belgium and Luxembourg, who had entered into BITs together as the Belgo-Luxembourg Economic Union.

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Brexit Update: The UK’s Negotiation Strategy

UK Breixt Feb 2020Earlier this month, when the European Commission published its draft mandate for the Brexit negotiations with the United Kingdom, I looked at what was in there regarding matters relevant to this blog, in particular at judicial cooperation in civil and commercial matters. The European Commission’s paper was silent on these topics. Today, the U.K.’s equivalent has been published, and it contains a short paragraph on the topic: Continue reading

Brexit Meets Looted Art – The Elgin Marbles And Beyond

Elgin marblesEarlier this month, we reviewed the draft directive for the EU Commission’s Brexit negotiations with the United Kingdom for matters relevant to this blog. Today, the European Commission’s negotiation mandate was confirmed. Comparing the draft version with the final mandate approved by the 27 EU member states today, there is one noticeable change.

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The Hague Judgments Convention – Should the European Union Join?

HCCH LogoLast week, the European Commission started a consultation process on the question whether the EU should join the Hague Judgments Convention (Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters). Here is the Commission’s summary: Continue reading