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Case C-741/19: Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 8 October 2019 — Republic of Moldova v Komstroy, a company the successor in law to the company Energoalians
ECLI:EU:UNKNOWN:62019CN0741
62019CN0741
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Official Journal of the European Union
C 413/34
(Case C-741/19)
(2019/C 413/41)
Language of the case: French
Referring court
Parties to the main proceedings
Appellant: Republic of Moldova
Respondent: Komstroy, a company the successor in law to the company Energoalians
Questions referred
—Must Article 1.6 of the Energy Charter Treaty be interpreted as meaning that a claim which arose from a contract for the sale of electricity and which did not involve any contribution on the part of the investor in the host State can constitute an ‘investment’ within the meaning of that article?
—Must Article 26(1) of the Energy Charter Treaty be interpreted as meaning that the acquisition, by an investor of a Contracting Party, of a claim established by an economic operator which is not from one of the States that are Parties to that Treaty constitutes an investment?
—Must Article 26(1) of the Energy Charter Treaty be interpreted as meaning that a claim held by an investor, which arose from a contract for the sale of electricity supplied at the border of the host State, can constitute an investment made in the area of another Contracting Party, in the case where the investor does not carry out any economic activity in the territory of that latter Contracting Party?