The German Federal Constitutional Court recently dismissed constitutional challenges directed against a much-noted earlier decision by the Federal Court of Justice, which had declared investment proceedings under the Energy Charter Treaty to be inadmissible. The Constitutional Court‘s order offers a detailed engagement with questions intra-EU arbitration, as assessed against requirements of German constitutional law.
In the proceedings, Christian J. Tams represented the German government, whose position the Federal Constitutional Court endorsed. Christian was instructed to advise in his role as a Law Professor.
The text of the Order is available, in English, on the Federal Constitutional Court‘s website. Information on the earlier decision by the Federal Court of Justice can be found here.
For more information about Christian’s practice or to instruct him please contact Lee Cutler or Tori Eastwick.
