EU Member States may have recourse to “upstream” national judicial protection under the German Civil Procedure Code to declare inadmissible and thereby preclude intra-EU investment arbitration proceedings brought under the auspices of the ICSID...
Entering into full applicability in May 2023, the Digital Markets Act (DMA), Regulation (EU) 2022/1925 is amongst the recent tools to regulate the digital market within the EU. It aims to establish legal boundaries for large and very large online...
The current Union framework for the screening of foreign direct investment is about to be renewed. In January 2024, the Commission presented a proposal for a new Regulation that is supposed to bring about more convergence in the currently strongly...
The article provides an overview of the genesis of the EU AI Act, its economic and security context, and the intricacies of its international implications. It discusses the main elements of the Act, particularly some changes it underwent during the...
The article examines the legal framework for data transfers from the EU to the US. In the judgements known as Schrems I and II, the CJEU invalidated the two former US adequacy decisions on the grounds that they did not satisfy the requirements in...
The European Union’s member States are also party to the European Social Charter. This can create tensions between their obligations under public international law stemming from the European Social Charter and their obligations under European...
In the preliminary ruling procedure under Article 267 TFEU, national courts refer questions of interpretation of EU law to the Court of Justice of the EU. At times, national courts not only ask questions but immediately propose answers to those...
In the in 2018 decided Achmea case, the CJEU declared investor-state arbitration clauses in investment treaties between EU member states as incompatible with EU law. Thereby, the CJEU established a precedence that must be followed by member...