Das Verhältnis von EuGH und Investitionsschiedsgerichten auf der Grundlage von intra-EU BIT

Intra-European investments are embedded in a multi-level system of law which does not only result in the applicability of divergent substantive standards of protection, but also leads to a coexistence of dispute resolution fora. The study examines their relationship from the perspective of EU and international law. It provides a dogmatic review of the ECJ’s case law on the monopoly of dispute settlement mechanisms under EU law, the right to refer, the autonomy of the EU legal order and the principle of mutual trust. On the basis of an obligation to treat EU-foreigners equally it also addresses the question of a discriminatory effect of ISDS-clauses in intra-EU BIT and, finally, infers their inapplicability in light of international law.