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Case C-109/20: Request for a preliminary ruling from the Högsta domstolen (Sweden) lodged on 27 February 2020 — Republic of Poland v PL Holdings Sàrl
ECLI:EU:UNKNOWN:62020CN0109
62020CN0109
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11.5.2020
Official Journal of the European Union
C 161/40
(Case C-109/20)
(2020/C 161/52)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Appellant and cross-respondent: Republic of Poland
Appellant and cross-respondent: PL Holdings Sàrl
Question referred
Do Articles 267 and 344 TFEU, as interpreted in Achmea, mean that an arbitration agreement is invalid if it has been concluded between a Member State and an investor — where an investment agreement contains an arbitration clause that is invalid as a result of the fact that the contract was concluded between two Member States — [despite the fact that] the Member State, after arbitration proceedings were commenced by the investor, refrains, by the free will of the State, from raising objections as to jurisdiction?
Judgment of the Court of Justice of 6 March 2018 (Case C-284/16, Achmea, EU:C:2018:158).
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Language of the case: Swedish