Language of document :

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 23 May 2016 — Slovak Republic v Achmea BV

(Case C-284/16)

Language of the case: German

Referring court


Parties to the main proceedings

Applicant: Slovak Republic

Defendant: Achmea BV

Questions referred

Does Article 344 TFEU preclude the application of a provision in a bilateral investment protection agreement between Member States of the European Union (a so-called BIT internal to the European Union) under which an investor of a contracting State, in the event of a dispute concerning investments in the other contracting State, may bring proceedings against the latter State before an arbitration tribunal, where the investment protection agreement was concluded before one of the contracting States acceded to the European Union but the arbitration proceedings are not to be brought until after that date?

If Question 1 is to be answered in the negative:

Does Article 267 TFEU preclude the application of such a provision?

If Questions 1 and 2 are to be answered in the negative:

Does the first paragraph of Article 18 TFEU preclude the application of such a provision under the circumstances described in Question 1?