European Court of Justice

BITs between member states breach EU law

The Court of Justice has rejected the advocate general’s opinion and ruled in the Achmea case that investment arbitration, the option provided for in treaties between member states for foreign investors to commence arbitration against a state where it has invested, violates the autonomy of EU law.

Repair clause in disputes over replacement parts

The new ruling by the Court of Justice on the “repair clause” gives more freedom to manufacturers of non-original replacement parts.

Prohibition of online sales of luxury products?

Can an authorized retailer be prohibited from selling online or on a third-party online platform?

Transferring the registered office of a Polish company abroad does not require the company to be liquidated in Poland

The Court of Justice has ruled that under the EU principle of freedom of establishment, transfer of the registered office of a Polish company abroad within the European Economic Area cannot be conditioned on conducting liquidation of the company in Poland.

Coordination of commercial policy and exhaustion of trademark rights

The advocate general at the Court of Justice has issued his opinion on parallel Schweppes trademarks functioning in different EEA countries and registered for separate proprietors.

Are bilateral investment treaties between member states compatible with EU law?

CJEU Advocate General Melchior Wathelet issued his opinion in C-284/16 Achmea on 19 September 2017. He takes the view that the existence of bilateral investment treaties between member states is compatible with EU law.