Tag Archives: ECJ

Intra-EU Investment Arbitration: is resistance growing?

The Achmea saga of 6 march 2018 continues to raise multiple questions regarding its scope of application. While some authors argue that the European judge’s willingness was “to go further than the case that was submitted to him” (free translation: Sophie Lemaire, « Incompatibilité de l’offre d’arbitrage insérée dans le TBI Pays Bas-République fédérale tchèque et […]

Inadmissibility of the appeal in cassation lodged against a decision of the Court of Appeal to refer a question to the ECJ for a preliminary ruling

French Cour de cassation, 1st Civil Chamber, 18 November 2015, No. 14-26.482 On 18 November 2015, the French Cour de assation declared inadmissible the appeal in cassation of the decision of the Court of Appeal dated 23 September 2014, that ordered a stay of the procedure and submitted a preliminary ruling in competition law to […]

The Paris Court of Appeal requests a preliminary ruling from the European Court of Justice to decide whether arbitral awards should be annulled

Paris Court of appeal, 23 September 2014, Nos. 12/21810, 13/09296, 13/17187 On 23 September 2014, the Paris Court of Appeal decided that a preliminary ruling from the European Court of Justice (“ECJ”) was necessary to determine whether the awards challenged in the present case should be annulled under Article 1520 para. 5 of the French […]