Case C-205/06, commission v. Austria, judgment of the Court (Grand Chamber) of 3 March 2009, not yet reported; Case C-249/06, commission v. Sweden, judgment of the Court (Grand Chamber) of 3 March 2009

Koutrakos, P. (2009). Case C-205/06, commission v. Austria, judgment of the Court (Grand Chamber) of 3 March 2009, not yet reported; Case C-249/06, commission v. Sweden, judgment of the Court (Grand Chamber) of 3 March 2009. Common Market Law Review, 46(6), pp. 2059-2076.

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Abstract

The coexistence of the Member States as fully sovereign subjects of international law with the European Community has been an area of endless fascination for international and European Union lawyers alike. This has been spurred on by a number of judgments rendered by the European Court of Justice in the last four years: these range from the constraints imposed on Member States once the Commission has been authorized to negotiate international agreements, to the limited choice they have in the context of international conventions in which they participate along with the EC (Mox Plant), to the duties imposed on them in the context of international organizations to which the EC is not a signatory even though their scope falls within its competence (IMO).

Another area where serious issues have been raised concerns the international obligations assumed by Member States prior to their accession to the EU. An interesting twist is provided by two Grand Chamber judgments against Sweden and Austria. Rendered in the context of enforcement actions pursuant to Article 226 EC, these are about bilateral investment treaties (BITs) concluded by these States with a host of third countries. Similar actions were brought against Denmark and Finland: the former case was closed following the notification by Denmark of a declaration to terminate the relevant agreements, whereas, in the latter, Advocate General Sharpston rendered her Opinion on 10 September 2009.

Item Type: Article
Subjects: K Law > KZ Law of Nations
Divisions: The City Law School > The City Law School - Academic Programmes
URI: http://openaccess.city.ac.uk/id/eprint/4284

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