This article discusses the importance of European company law for intra-EU investments after the recent decision of the CJEU in Achmea.In Achmea,1 the Court of Justice of the European Union (hereinafter, ‘CJEU’) examined bilateral investment treaties (hereinafter, ‘BITs’) concluded between EU Member States in the light of EU law. This case concerned a BIT concluded in 1991 between the Kingdom of the Netherlands and the Czech and Slovak Federative Republic and still applicable between the Kingdom of the Netherlands and the Slovak Republic. More specifically, the CJEU scrutinized the compatibility of BITs’ provisions enabling an investor from one contracting party to bring proceedings before an arbitral tribunal in the event of a dispute with the other contracting party with Articles 18, 267 and 344 TFEU.
Business Law Review