The First Ever Interpretative Preliminary Ruling Concerning the Validity of an International Agreement Between EU Member States: The Achmea Case

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2018 3(1), 337-344 | European Forum Insight of 17 May 2018 | (Table of Contents) I. The facts of the case. - II. The judgment and its reasoning. - III. Some of the problems related to the scope and consequences of an interpretative preliminary ruling indirectly concerning the validity of an agreement between Member States. - IV. A few brief concluding remarks. | (Abstract) In its judgment of 6 March 2018, in Achmea (case C-284/16 [GC]), the CJEU for the first time ruled on the validity, in light of EU law, of an international agreement between Member States. The judgment raises several important legal questions. This Insight concentrates exclusively on those related to the concept of "tribunal" within the meaning of Art. 267 TFEU and the consequences of the declaration of invalidity contained therein.

Keywords

• autonomy of eu law
• interpretative preliminary ruling
• declaration of invalidity
• national tribunal under art. 267 tfeu
• bit
• arbitration clause