Introduction

The relationship between intra-EU investment agreements and EU law is notoriously difficult, and much has been written on the subject (most recently: August Reinisch, "The EU on the Investment Path - Quo vadis Europe? The Future of EU BITs and other Investment Agreements", 12 Santa Clara Journal of International Law (2014), 111 - 157, with further references). So far, the debate evolved mainly around the question whether and how EU law ought to influence an investment tribunal's determination of its own jurisdiction. Since tribunals have generally upheld their jurisdiction, there ...