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Case C-741/19: Judgment of the Court (Grand Chamber) of 2 September 2021 (request for a preliminary ruling from the Cour d’appel de Paris — France) — Republic of Moldova v Komstroy LLC, successor in law to the company Energoalians (Reference for a preliminary ruling — Energy Charter Treaty — Article 26 — Inapplicability between Member States — Arbitration Award — Judicial review — Jurisdiction of a court of a Member State — Dispute between a third-State operator and a third State — Jurisdiction of the Court — Article 1(6) of the Energy Charter Treaty — Concept of ‘investment’)
ECLI:EU:UNKNOWN:62019CA0741
62019CA0741
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Valentina R., lawyer
25.10.2021
Official Journal of the European Union
C 431/21
(Case C-741/19) (1)
(Reference for a preliminary ruling - Energy Charter Treaty - Article 26 - Inapplicability between Member States - Arbitration Award - Judicial review - Jurisdiction of a court of a Member State - Dispute between a third-State operator and a third State - Jurisdiction of the Court - Article 1(6) of the Energy Charter Treaty - Concept of ‘investment’)
(2021/C 431/20)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Republic of Moldova
Defendant: Komstroy LLC, successor in law to the company Energoalians
Operative part of the judgment
Article 1(6) and Article 26(1) of the Energy Charter Treaty, signed at Lisbon on 17 December 1994, approved on behalf of the European Communities by Council and Commission Decision 98/181/EC, ECSC, Euratom of 23 September 1997, must be interpreted as meaning that the acquisition, by an undertaking of a Contracting Party to that treaty, of a claim arising from a contract for the supply of electricity, which is not connected with an investment, held by an undertaking of a third State against a public undertaking of another Contracting Party to that treaty, does not constitute an ‘investment’ within the meaning of those provisions.
(1) OJ C 413, 9.12.2019.