The ect, Achmea and Intra-EU Arbitration – Swedish Court Requests Preliminary Ruling from the CJEU

Abstract

The Intra-EU Energy Charter Treaty (ECT) saga moves closer to the precipice in Sweden. In March 2021, the Svea Court of Appeal requested a preliminary ruling from the Court of Justice of the European Union (cjeu) in a pending challenge proceeding relating to the ECT, and stayed the proceedings in three similar cases, although it had twice previously denied seeking a request for a preliminary ruling. In all of the cases, Achmea has been raised as a basis for the action. This case note will set out the key issues in the pending ECT cases before the Svea Court of Appeal and detail the specific case in which a preliminary ruling from the cjeu has been requested as well as the questions the preliminary ruling will address.