Declaration on legal consequences of CJEU judgment in Komstroy; common understanding on non-applicability of Article 26 of Energy Charter Treaty as basis for intra-EU arbitration

Representatives of the governments of 26 member states, including the Republic of Croatia, and representatives of the European Union signed on Wednesday, June 26, 2024, the Declaration on the legal consequences of the judgment of the Court of Justice in Komstroy and common understanding on the non-applicability of Article 26 of the Energy Charter Treaty as a basis for intra-EU arbitration.
 
Through this Declaration, the member states and the EU confirm their joint agreement on the interpretation and application of the Energy Charter Treaty, according to which Article 26 of that Treaty cannot and has never been able to serve as a legal basis for arbitration proceedings within the EU.
 
Following the Declaration, the member states and the EU intend to formalize their common understanding through a plurilateral Agreement, the agreed text of which the signatories of the Statement have initialled on this occasion.

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