According to the case law of the CJEU, the risk of a legal conflict is sufficient to render an international agreement incompatible with Union law. The risk of such a conflict between the Treaties and the Energy Charter Treaty should therefore be eliminated. The adoption of an instrument of international law, in the form of an agreement setting out the common understanding of the parties to that agreement on the non-applicability of Article 26 of the Energy Charter Treaty as a basis for intra-EU arbitration proceedings, would help to eliminate that risk.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
