Achmea, Komstroy ir PL Holdings: Sąjungos teisės sistemos autonomijos principas ir kitos tarptautinių sutarčių aiškinimo taisyklės

Abstract

The Article analyses the 2021 judgements of the European Union Court of Justice in Komstroy and PL Holdings cases where the principle of the Autonomy of the Union‘s law system has been further elaborated building on the controversial decision of this court in Achmea case. These decisions will undoubtedly make their mark on pending intra-EU investment disputes and will reopen discussions regarding the EU constitutional structure and rules of international law. While considering claims in the ongoing investment dispute between Lithuania and Veolia and al., Lithuanian national courts relied on arguments linked to the illegality of the arbitration clause in relation to the EU law, ignoring the aspects of the international law of treaties. It cannot be excluded, however, that an arbitral tribunal might base its decision exactly on international law, beyond the limits of the EU law. This Article attempts to identify the issues on the relationship between the EU Law and international law in the context of intra-EU investment disputes.