Despite the Komstroy judgment, arbitral tribunals have continued to accept jurisdiction and to issue awards in intra-EU arbitration proceedings which are purportedly based on Article 26(2), point (c), of the Energy Charter Treaty. According to the CJEU, any such award is incompatible with Union law, in particular Articles 267 and 344 of the Treaty on the Functioning of the European Union. Therefore, such awards cannot produce legal effects and the payment of compensation further to those awards cannot be enforced.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
