Vattenfall AB, Vattenfall GmbH, Vattenfall Europe Nuclear Energy GmbH, Kernkraftwerk Krümmel GmbH and Co. oHG and Kernkraftwerk Brunsbüttel GmbH and Co. oHG (“The Claimants”) v. Federal Republic of Germany

Abstract

Arbitration — Jurisdiction — Investor–State arbitration — Energy Charter Treaty, 1994 — ICSID Convention, 1965 — Energy Charter Treaty concluded between European Union and States some of which Members of the European Union — Whether provision for investor–State arbitration compatible with European Union law in intra-European Union disputes — Applicable law — Whether including European Union law — Nature of arbitration tribunal

Economics, trade and finance — Investment — Investment protection treaties — Energy Charter Treaty, 1994 — Investor–State arbitration provision — Whether provision for arbitration of investor–State dispute compatible with European Union law in intra-European Union disputes

Treaties — Interpretation — Principles — Relevance of other rules of international law — Energy Charter Treaty, 1994 — Whether provisions on investor–State arbitration should be read as inapplicable to disputes between investor from one European Union State and another European Union State — Whether investor–State dispute resolution provision providing for arbitration compatible with Treaty on the Functioning of the European Union, 2007

Treaties — Conflict between treaty obligations — European Union Member States — Whether obligations under European Union treaties prevailing over obligations under Energy Charter Treaty, 1994 — Express provision on conflict — Energy Charter Treaty, Article 16

Relationship of international law and municipal law — European Union law — Double nature of European Union law as part of the law in force in every Member State and as deriving from an international agreement between the Member States — Relationship between rights accorded to investors under investment protection treaty and principles of European Union law