The CJEU Preliminary Ruling in Slovak Republic v Achmea BV -...

On March 6, 2018, the Court of Justice of the European Union published its preliminary ruling in Slovak Republic v Achmea BV , which held that the application of the investor-state dispute settlement provision at Article 8 of the Netherlands-Slovakia bilateral investment treaty was incompatible with EU law. In particular, the CJEU held that Articles 267 and 344 of the Treaty of the Functioning of the European Union must be interpreted as precluding a provision in an international agreement concluded between Member States under which an investor from one Member State may bring proceedings against another Member State before an arbitral tribunal.