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The CJEU judgment in Achmea: Death Sentence for Investment Protection Tribunals?

On 6 March 2018, the Court of Justice of the EU ruled in Achmea that the Investor-State Dispute Settlement provided for by a bilateral investment treaty (BIT) concluded between two member states was inconsistent with EU law. This means that an investor established in a EU member state will no longer be able to initiate an investment arbitration case against another EU member in the event of a dispute concerning investments made by that investor in this other member state. It is therefore no surprise that this landmark judgment is opening up a new debate regarding the future of investor protection in the EU.

During this meeting, specialists in EU and investment law will attempt to answer the following questions:

  • What are the repercussions of the Achmea judgment for the ISDS mechanism in intra- and extra-EU BITs?
  • What are the reactions of the international investment community to the judgment?
  • What will happen to ongoing investment arbitrations under intra-EU BITs?
  • What are the legal repercussions for the arbitration cases under the Energy Charter Treaty?


This event is organised in collaboration with Saint-Louis University, Brussels.




Ivana Damjanovic
The Australian National University
Nicolas de Sadeleer
University of St Louis, Brussels
Quentin Declève
Van Bael & Bellis
Tim Maxian Rusche
Member of the Legal Service,
European Commission
Jorge Núñez Ferrer
Senior Research Fellow,
CEPS Energy Climate House


26 June 2018Tuesday13:30 - 16:00
The meeting is free of charge but registration is required
CEPS Conference room (ground floor)
Place du Congrès 1
1000 Brussels


Senior Research Fellow
Programme Manager
Executive Assistant
Useful Documents
Ivana Damjanovic_Achmea in context.pdf Nicolas de Sadeleer_The End of the Game.pdf Quentin Declève_The Impact of Achmea.pdf