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eBook details

• Title: Commission of the European Communities V. Sweden & Commission of the European Communities V. Austria. (Failure to Adopt Appropriate Legal Measures to Eliminate Incompatibilities with EU Bilateral Investment Treaties Law)
• Author : Australian International Law Journal
• Release Date : January 01, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 305 KB

Description

Introduction On 3 March 2009, the European Court of Justice ('ECJ') issued two separate judgments against Sweden and Austria. The cases dealt with their alleged continuous failure to adopt appropriate legal measures to eliminate incompatibilities with European Union ('EU') law arising out of bilateral investment treaties ('BITs'), which they entered into with third countries prior to their accession to the EU. The Court ruled that Austria and Sweden had breached obligations under article 307 of the Treaty Establishing the European Community ('EC Treaty') (1) by maintaining, with third countries, BITs that could interfere with the EU's powers to restrict capital movements. (2)

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