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Case C-109/20: Judgment of the Court (Grand Chamber) of 26 October 2021 (request for a preliminary ruling from the Högsta domstolen — Sweden) — Republiken Polen v PL Holdings Sàrl (Reference for a preliminary ruling — Agreement between the Government of the Kingdom of Belgium and the Government of the Grand Duchy of Luxembourg, of the one part, and the Government of the People’s Republic of Poland, of the other, concerning the reciprocal promotion and protection of investments, signed on 19 May 1987 — Arbitration proceedings — Dispute between an investor from one Member State and another Member State — Arbitration clause provided for in that agreement contrary to EU law — Invalidity — Ad hoc arbitration agreement between the parties to that dispute — Participation in the arbitration proceedings — Tacit expression by that other Member State of its intention to conclude that arbitration agreement — Unlawfulness)
ECLI:EU:UNKNOWN:62020CA0109
62020CA0109
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3.1.2022
Official Journal of the European Union
C 2/6
(Case C-109/20) (*)
(Reference for a preliminary ruling - Agreement between the Government of the Kingdom of Belgium and the Government of the Grand Duchy of Luxembourg, of the one part, and the Government of the People’s Republic of Poland, of the other, concerning the reciprocal promotion and protection of investments, signed on 19 May 1987 - Arbitration proceedings - Dispute between an investor from one Member State and another Member State - Arbitration clause provided for in that agreement contrary to EU law - Invalidity - Ad hoc arbitration agreement between the parties to that dispute - Participation in the arbitration proceedings - Tacit expression by that other Member State of its intention to conclude that arbitration agreement - Unlawfulness)
(2022/C 2/08)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Republiken Polen
Defendant: PL Holdings Sàrl
Operative part of the judgment
Articles 267 and 344 TFEU must be interpreted as precluding national legislation which allows a Member State to conclude an ad hoc arbitration agreement with an investor from another Member State that makes it possible to continue arbitration proceedings initiated on the basis of an arbitration clause whose content is identical to that agreement, where that clause is contained in an international agreement concluded between those two Member States and is invalid on the ground that it is contrary to those articles.
(*) Language of the case: Swedish.