Meccanismi ISDS negli intra-EU BITs : la Corte di giustizia fine a un lungo dibattito. E ora?

The sentence issued by the EU Court of Justice on 6 March 2018 deals with a problem that gave rise to much controversy: are intra-EU BITs consistent with EU law? Were they superseded by the EU Treaty obligations accepted by third States while acceding the EU system? The solution affirmed by the Court seems to put an end to such debate: Articles 267 and 344 TFFU are held to preclude the intra-EU BIT provisions under which an investor from one Member Stay may, in the event of a dispute concerning investments in another member State, bring proceedings against the latter Member State before an arbitral tribunal. The note comments on the justification offered by the Court to reach such conclusion and highlights some possible effects it might have on pending litigation, on negotiations with third States and on the enduring validity of existing intra-EU BITs.