(6.März) The Czech Republic, Estonia, Greece, Spain, Italy, Cyprus, Latvia, Hungary, Poland, Romania and the European Commission submitted observations in support of Slovakia’s arguments, while Germany, France, the Netherlands, Austria and Finland contend that the clause at issue and, more generally, clauses of a similar kind commonly used in the 196 BITs currently in force between the Member States of the EU are valid.
By today’s judgment, the Court notes, first, that, in accordance with the BIT, the arbitral tribunal constituted under that agreement is called on to rule in particular on the basis of the law in force of the contracting State concerned by the dispute and other relevant agreements between the contracting States.