{"title":"美因河畔法兰克福高等地区法院是第一个宣布阿赫梅亚案为具有里程碑意义的裁决的欧洲法院,对所有欧盟内部双边投资协定都具有重要意义","authors":"Philipp Stompfe","doi":"10.1163/24689017_0601013","DOIUrl":null,"url":null,"abstract":"In February 2021, the Higher Regional Court of Frankfurt am Main (Oberlandesgericht – “olg”), rendered a decision in the case between the Republic of Croatia (“Croatia”) as the applicant, and an Austrian bank incorporated as a joint stock company under Austrian law and a Croatian bank incorporated as a joint stock company under the laws of Croatia having the Austrian bank as its sole shareholder as the Respondents (“Respondents”). This decision concerns the incompatibility of an arbitration clause contained in the Agreement between the Republic of Austria and Croatia on the Promotion and Protection of Investments (“Austria-Croatia bit”)2 with EU law. Croatia successfully challenged the admissibility of an uncitral arbitration based on Article 9(2)(b) of the Austria- Croatia bit, initiated by the Respondents, by virtue of an application under Section 1032(2) of the German Code of Civil Procedure (Zivilprozessordnung – “zpo”). Croatia argued that Article 9(2)(b) of the Austria- Croatia bit was incompatible with EU law.","PeriodicalId":164842,"journal":{"name":"European Investment Law and Arbitration Review Online","volume":"44 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Higher Regional Court of Frankfurt am Main Is the First European Court to Declare the Achmea Case a Landmark Decision with Significance for All Intra-EU BITS\",\"authors\":\"Philipp Stompfe\",\"doi\":\"10.1163/24689017_0601013\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In February 2021, the Higher Regional Court of Frankfurt am Main (Oberlandesgericht – “olg”), rendered a decision in the case between the Republic of Croatia (“Croatia”) as the applicant, and an Austrian bank incorporated as a joint stock company under Austrian law and a Croatian bank incorporated as a joint stock company under the laws of Croatia having the Austrian bank as its sole shareholder as the Respondents (“Respondents”). This decision concerns the incompatibility of an arbitration clause contained in the Agreement between the Republic of Austria and Croatia on the Promotion and Protection of Investments (“Austria-Croatia bit”)2 with EU law. Croatia successfully challenged the admissibility of an uncitral arbitration based on Article 9(2)(b) of the Austria- Croatia bit, initiated by the Respondents, by virtue of an application under Section 1032(2) of the German Code of Civil Procedure (Zivilprozessordnung – “zpo”). Croatia argued that Article 9(2)(b) of the Austria- Croatia bit was incompatible with EU law.\",\"PeriodicalId\":164842,\"journal\":{\"name\":\"European Investment Law and Arbitration Review Online\",\"volume\":\"44 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-12-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Investment Law and Arbitration Review Online\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/24689017_0601013\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Investment Law and Arbitration Review Online","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/24689017_0601013","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Higher Regional Court of Frankfurt am Main Is the First European Court to Declare the Achmea Case a Landmark Decision with Significance for All Intra-EU BITS
In February 2021, the Higher Regional Court of Frankfurt am Main (Oberlandesgericht – “olg”), rendered a decision in the case between the Republic of Croatia (“Croatia”) as the applicant, and an Austrian bank incorporated as a joint stock company under Austrian law and a Croatian bank incorporated as a joint stock company under the laws of Croatia having the Austrian bank as its sole shareholder as the Respondents (“Respondents”). This decision concerns the incompatibility of an arbitration clause contained in the Agreement between the Republic of Austria and Croatia on the Promotion and Protection of Investments (“Austria-Croatia bit”)2 with EU law. Croatia successfully challenged the admissibility of an uncitral arbitration based on Article 9(2)(b) of the Austria- Croatia bit, initiated by the Respondents, by virtue of an application under Section 1032(2) of the German Code of Civil Procedure (Zivilprozessordnung – “zpo”). Croatia argued that Article 9(2)(b) of the Austria- Croatia bit was incompatible with EU law.