Summary

---

Case Report (free download)

Case Report by Andreas D. Desyllas, Editor: Ignacio Torterola

Summary

Claimants brought an action for relief against the Federal Republic of Germany pursuant to the Energy Charter Treaty ("ECT") alleging that Germany had breached a number of its international obligations by forbidding the use of nuclear energy plants in its territory and replacing them with renewable energy alternatives. Following preliminary objections, the Tribunal decided to have a phase of the proceedings dedicated to determining whether the decision in the C-284/16 Slowakische Republik v. Achmea BV case ("Achmea Judgment") rendered by the Court of Justice of European Union ("CJEU"), had any implications on these proceedings concerning the Tribunal's jurisdiction to hear the claims.

Main issues

Intra - EU objection, application of the Achmea Judgment on ECT claims, interpretation of certain ECT Articles, conflict of rules.

Vattenfall v Germany (ICSID Case No. ARB/12/12) - Decision on the Achmea Issue - 31 August 2018

Case report provided by International Arbitration Case Law (IACL)

More Case Reports?

You can find all TDM IACL Case Reports here.