Republic of Moldova v Komstroy - Energoalians - Case C-741-19 - Judgement of the Court - English - 2 September 2021
Country
Year
2021
Summary
Reference for a preliminary ruling - Energy Charter Treaty - Article 26 - Inapplicability between Member States - Arbitration Award - Judicial review - Jurisdiction of a court of a Member State - Dispute between a third-State operator and a third State - Jurisdiction of the Court - Article 1(6) of the Energy Charter Treaty - Concept of 'investment'
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On those grounds, the Court (Grand Chamber) hereby rules:
Article 1(6) and Article 26(1) of the Energy Charter Treaty, signed at Lisbon on 17 December 1994, approved on behalf of the European Communities by Council and Commission Decision 98/181/EC, ECSC, Euratom of 23 September 1997, must be interpreted as meaning that the acquisition, by an undertaking of a Contracting Party to that treaty, of a claim arising from a contract for the supply of electricity, which is not connected with an investment, held by an undertaking of a third State against a public undertaking of another Contracting Party to that treaty, does not constitute an ‘investment’ within the meaning of those provisions.