Autonomy of EU Law – CJEU

Topics:

EU Constitutional Law, Public International Law, Domestic Law

Consultancy

Expert Declaration on Certain Issues in Public International Law before the Federal Court of Australia

24. July 2023

Expert Declaration on Certain Issues of International Investment Law and EU Law

30. June 2023

Expert Declaration on Certain Issues of International Investment Law and EU Law in the Proceeding before the Federal Court of Australia.

17. April 2023

Expert Declaration Addressing Certain Questions on Rules and Principles of EU Law before US Federal Court

7. April 2023

Expert Declaration on Certain Issues of International Investment and EU Law

1. March 2023

Two Expert Declarations in Enforcement Proceedings before the United States District Court for the District of Columbia in the case of BayWa r.e. AG v. Spain

10. February 2023

Expert Declaration on Issues in International Energy Law and EU Law before Svea Court of Appeal

18. December 2022

Expert Declaration in Enforcement Proceedings before the Swedish Supreme Court in the case of Republiken Polen v. PL Holdings S.à.r.l.

14. December 2022

Expert Declaration on Certain Issues of International Investment Law and EU Law

27. November 2022

Several Expert Declarations in Enforcement Proceedings before US Federal Court

24. September 2022

Expert Declaration in Enforcement Proceedings before the United States District Court for the District of Columbia in the case of RWE Renewables GmbH and RWE Renewables Iberia S.A.U. v. Spain

16. September 2022

Expert Declaration in Enforcement Proceedings before US Federal Court in RREEF Infrastructure (G.P.) Limited & ANOR v. Spain

15. August 2022

Expert Declarations in Enforcement Proceedings before US Federal Court

5. August 2022

Two Expert Declarations in Enforcement Proceedings before US Federal Court

1. July 2022

Expert Declaration on Certain Issues of International Investment Law and EU Law Proceedings before SCC

16. June 2022

Expert Declaration on questions of public international law

10. June 2022

Two Expert Opinions in Enforcement Proceedings before US Federal Court

16. May 2022

Expert Declaration in ICSID Proceedings

30. December 2021

Expert Declaration in Proceedings before the Oberlandesgericht Frankfurt in the case of Slovak Republic v. EUREKO B.V., Case No. 26 SchH 11/10

10. May 2021

Expert Declaration in Proceedings before the Oberlandesgericht Frankfurt in the case of Slovak Republic v. Achmea B.V. (formally EUREKO B.V.), Case No. 26 Sch 3/13

11. February 2021

Arbitrator in Donatas Aleksandravicius v. the Kingdom of Denmark, ICSID Case No. ARB/20/30

9. January 2021

9REN Holdings S.À.R.L. v. Spanien, Legal opinion for the Kingdom of Spain on the compatibility of the Investor-State Dispute Resolution rules in the Energy Charter Treaty with Union law for submission to a US federal court

9. January 2021

Expert Declaration in Enforcement Proceedings before a US Federal Court in the case of Eiser Infrastructure Limited et al. v. Spain

5. August 2020

RREEF Infrastructure G.P. (Limited) et al. v. Spain, legal opinion for the Kingdom of Spain on the compatibility of the Investor-State Dispute Resolution rules in the Energy Charter Treaty with Union law for submission to a US federal court

26. June 2020

Expert Declaration on EU Law and Public International Law

28. February 2020

Preparation of a legal expert opinion in support of Croatia on the relationship of various provisions of the German Code of Civil Procedure (ZPO) to EU law for submission to the OLG Frankfurt

18. February 2020

Republic of Poland v PL Holdings S.Á.R.L, legal opinion for submission to the Swedish Supreme Court (Högsta domstolen)

23. November 2019

Nextera Energy Global Holdings B.V. and Nextera Energy Spain Holding B.V. v. Spain, preparation of a legal opinion for the Kingdom of Spain on the compatibility of the investor-state dispute resolution rules in the Energy Charter Treaty with Union law for submission to a US federal court

23. November 2019

Two Expert Declarations before US Federal Court

21. July 2019

Foresight Luxembourg Solar 1 S.À.R.L., Foresight Luxembourg Solar 2 S.À.R.L., Greentech Energy Systems a/s, (Now known as Athena Investments a/s), GWM Renewable Energy I s.p.a., GWM Renewable Energy II s.p.a. v. Spain, preparation of a legal opinion for the Kingdom of Spain on the compatibility of the investor-state dispute resolution rules in the Energy Charter Treaty with Union law for submission to a US federal court

6. May 2019

Masdar Solar & Wind Cooperatief U.A. v. Spain, preparation of a legal opinion for the Kingdom of Spain on the compatibility of the investor-state dispute resolution rules in the Energy Charter Treaty with Union law for submission to a US federal court

17. April 2019

European Parliament INTA Workshop: EU Investment Protection after the ECJ Opinion on Singapore: Questions of Competence and Coherence

20. February 2019

Infrastructure Service Luxembourg S.A.R.L., and Energia Termosolar B.V. (formerly “Antin”) v. Spain, preparing a legal opinion for the Kingdom of Spain on the compatibility of the investor-state dispute resolution rules in the Energy Charter Treaty with Union law for submission to a US federal court

27. December 2018

Expert Declaration in Enforcement Proceedings before US Federal Court in InfraRed Environmental Infrastructure GP Limited et al. v. Spain

9. September 2018

Testimony in the German Parliament, Committee on Economic Affairs and Energy, on a Multilateral Investment Court

6. June 2018

Constitutional and EU Law Questions relating to CETA

5. September 2016

Testimony for the German Parliament (Bundestag), Committee on Economics and Engery on CETA

5. September 2016

Providing a Strategy Study for an EU Member State Government Relating to the Current Status of Investment Treaties among EU Member States and Possible Alternatives Jointly with an International Law Firm and German EU law scholar

28. November 2013

Legal Expert Report for an EU Member State on the Question of Compatibility of Intra-EU and Third Country Bilateral Investment Treaties with EU Law Jointly with a German EU law scholar

28. November 2011

Providing an Expert Opinion for an EU Member State Government in the Course of Legal Proceedings in a German Court Relating to the Challenge of an Investment Tribunal’s Award on Jurisdiction jointly with a German EU Law Scholar

28. November 2011

Publications

How a US District Court Enforces EU Law: Achmea Goes to Washington (in collaboration with Julia Nassl and Argha Kumar Jena).

19. April 2023

Gastkommentar (Guest Commentary): Der schmale Grat zwischen Autonomie und Protektionismus (The Small Ridge between Protectionism and Autonomy

18. April 2021

The Price for a Seat at the ISDS Reform Table – CJEU’s clearance of the EU’s investment protection policy in Opinion 1/17 and its impact on the EU constitutional order

3. March 2020

Stocktaking of investment protection provisions in EU agreements and Member States’ bilateral investment treaties and their impact on the coherence of EU policy

27. March 2019

Conceptualisation and Application of the Principle of Autonomy of EU Law – The CJEU’s Judgement in Achmea Put in Perspective

14. October 2018

The Limited Immediate Effects of CJEU’s Achmea Judgement

9. March 2018

The Day After: Alternatives to Intra-EU BITs

1. December 2016

The Intersection of Parallel Lines: How Foreign-Investment Protection Affects Regional Social-Justice Policy

4. January 2016

Re-Organizing Europe’s Judicial Power through the Backdoor?

8. March 2015

Repellent Forces: The CJEU and Investor-State Dispute Settlement

1. March 2015

§ 33 – Die mittelbare Unionsverwaltung durch die Mitgliedstaaten (The Execution of EU Law by EU Member State Administrations)

21. October 2014

Investor-state dispute settlement – Pulling the chain tighter

17. April 2014

The Autonomy of the European Legal Order – EU Constitutional Limits to Investor-State Arbitration on the Basis of Future EU Investment-related Agreements

21. March 2013

Circumventing Primacy of EU Law and the CJEU’s Judicial Monopoly by Resorting to Dispute Resolution Mechanisms Provided for in Inter-se Treaties? The Case of Intra-EU Investment Arbitration

1. April 2012

Member State BITs – There’s Still (Some) Life in the Old Dog Yet. Incompatibility of Existing Member State BITs with EU Law and Possible Remedies

16. February 2012

International Investment Law and EU Law

1. December 2011

Der primärrechtliche Rahmen einer EU-Investitionsschutzpolitik: Zulässigkeit und Grenzen von Investor-Staat-Schiedsverfahren aufgrund künftiger EU Abkommen (The EU Primary Law Framework on a Common European Investment Policy: Admissibility and Limits of Investor-State-Arbitration on the Basis of Future EU Investment Treaties)

10. June 2011

Conference Presentations

Guest Speaker at Center for International Private Enterprise’s (CIPE) Virtual Discussion on “Shaping Investment Security Policy: A Guide for Business Associations”

30. May 2023

Moderator for the Panel Discussion on “Sovereign Immunity from Execution” organised by Uppsala University, DER Juridik / DER Legal, and Westerberg & Partners.

30. April 2023

Chairman for the Panel Discussion on “Review of Foreign Direct Investment Rules and their Interplay with Competition Law” at Comp Law Nordics in Stockholm

30. March 2023

Speaker at European Centre for International Political Economy (ECIPE)’s Strategic Autonomy and Europe’s Shattered Single Market Webinar

30. March 2023

Speaker at the Online Conference on “Investment Screening in the European Union”

30. November 2022

Speaker at the Panel Discussion on “The Implications of the Court of Justice of the European Union’s (CJEU’s) ruling in Komstroy (formerly Energoalians) v. Republic of Moldova regarding the intra-EU non-application of the Energy Charter Treaty”

30. June 2022

Speaker at the Swedish Network for European Legal Studies’ (SNELS’s) conference on “Investment Treaties and the EU Legal Order: Litigation, Modernisation, And Sustainability,” at Lund University

30. May 2022

Moderator for Panel Discussion on “Investor State arbitration in the EU and it’s Future” at the European Society of International Law’s annual conference 2021

12. September 2021

Presentation on “The price for a seat at the ISDS reform table: CJEU’s clearance of the EU’s investment protection policy and its impact on the EU constitutional order” in Conference on Investment Courts and the Union’s Legal Order at Stockholm University

6. February 2020

Public Defence of Ph.D. Thesis of Dr Hannes Lenk at Gothenburg University

20. September 2019

Presentation on “Autonomy of EU law: A Catalyzer of Dialogue in International Economic Relations?” at King’s College London

22. March 2019

Speaker at the European Parliament Committee on International Trade (INTA) Workshop on “EU Investment Protection after the ECJ Opinion on Singapore: Questions of Competence and Coherence”

25. February 2019

Keynote at the International Seminar “Administrative Judicial Review and Administrative Arbitration Decisions in Foreign Investment Disputes at the University Coimbra / Portugal

17. January 2019

Constitutional Tribunal of the Republic of Poland and Cardinal Stefan Wyszynski University in Warsaw: “International Law and the European Union in the Constitution”

23. October 2018

Beyond Achmea: The Court of Justice of the European Union and the Future of Investment Arbitration

24. April 2018

Europe’s effort and Japan’s emerging role in reforming international investment law – Talk at Nagoya University Satellite Office Tokyo

6. March 2018

Cooperation, Coexistence, or Opposition? Investor-State dispute settlement on the basis of European comprehensive free trade agreements and the Court of Justice of the European Union

16. October 2017

Predators in the pond of jurisdiction? The EU constitutional restraints on investor-State dispute settlement provisions in European comprehensive free trade agreements.

4. October 2017

Investor-Staat-Streitbeilegung und der Europäische Gerichtshof (Investor-State Dispute Settlement and the CJEU)

15. October 2015

Current Developments of EU Investment Policy

3. February 2015

Of stumbling blocks: EU Constitutional Restraints on Investor-State Dispute Settlement Provisions (ISDS) in European Comprehensive Free Trade Agreements or Why the Investment Chapter in CETA Could Fall Entirely without the Assistance of Globalization Sceptics

2. February 2015

Investor-state dispute settlement in EU investment agreements – Pulling the chain tighter?

15. May 2014

Dr Jekyll or Mr Hyde: Would the EU’s Foreign-Investment Protection Agreements Thwart its Support for Latin America’s Social-Policy Progress?

22. November 2013

Spannungen zwischen regionalen, internationalen und nationalen Schutzgremien (Tensions between Regional, International and National Protective Bodies)

30. May 2013

Jurisdiction and Applicable Law in intra-EU Investment Arbitration

12. September 2011

The Future of Investor-State Arbitration and the European Union

13. June 2011

The Jurisdiction of Investment Tribunals in Intra-EU BIT Conflicts

14. March 2011

No equals in wrong? The Issue of Discrimination in an Environment of Illegality

4. September 2006

Die Grundfreiheiten des EG-Vertrages (The Fundamental Freedoms of the TEEC)

27. September 2004