Request for an opinion submitted by the Kingdom of Belgium pursuant to Article 218(11) TFEU

(Opinion 1/20)

Language of the case: all the official languages

Applicant

Kingdom of Belgium (represented by: C. Pochet, J.-C. Halleux, M. Van Regemorter, S. Baeyens, Agents)

Question submitted to the Court

Is the draft modernised Energy Charter Treaty compatible with the Treaties, and in particular Article 19 TEU and Article 344 TFEU:

so far as concerns Article 26 of that agreement, if that article may be interpreted as allowing the intra-EU application of the dispute settlement mechanism?

in so far as, if Article 26 of that agreement were to be interpreted as allowing the intra-EU application of the dispute settlement mechanism, that agreement does not lay down a specific, express rule or an explicit disconnection clause, in particular in the definitions of investment and investor in Article 1 of the envisaged agreement, providing for the non-applicability of the general mechanism of Article 26 between the Member States?

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