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20 Mar 2018

Niall Sargent, The Green News

European Court of Justice ruling finds the ISDS system incompatible with EU law

"ECJ ruling may spell the end for 200 investment deals between EU Members", March 7th 2018

A landmark European Court of Justice ruling has found the investor-state dispute settlement system in a treaty between Slovakia and the Netherlands incompatible with EU law...In its ruling, the ECJ found that the ISDS mechanism cannot be classified as a court or tribunal of a Member State under the EU Treaties, and, as such, is not capable of ensuring that disputes will be decided by a court within the EU's judicial system...

According to Laurens Ankersmit, a lawyer with the NGO, ClientEarth, the ECJ's decision "marks the beginning of the end" of the ISDS system in Europe."ISDS is not only an unwelcome tool that allows multinational corporations to put pressure on public interest decision-making, it is also incompatible with EU law," he added.