How investors get compensation

Coal power plant and wind turbine

The Energy Charter Treaty is intended to protect investors and prohibits, for example, expropriations without compensation, violations of concluded contracts and unfair or discriminatory measures.

(Photo: dpa)

Berlin It was only a brief statement about the Energy Charter Treaty: A legal dispute between an investor from an EU member state and an EU state must not be withdrawn from the judicial system of the Union, since otherwise “the full effectiveness of Union law would not be guaranteed”. What the European Court of Justice (ECJ) recently stipulated here merely as an accessory to a judgment (case C-741/19) caused confusion as a result. Is the Energy Charter Treaty now ineffective?

The Energy Charter Treaty (ECT) is an international agreement between 50 states and the EU. The core is to promote a free energy market and protect foreign investors. For example, the ECT prohibits expropriations without compensation, violations of contracts, and unfair or discriminatory measures.

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