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Birgit Aasa draws attention to extensive consequences of recent European Court of Justice ruling

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Birgit Aasa draws attention to extensive consequences of recent European Court of Justice ruling

RASK attorney Birgit Aasa has published an article in one of the most read newspapers in Estonia, Postimees, about the latest ruling by the European Court of Justice, which has a huge impact on the intra-EU bilateral investment treaties (BITs), as it declared that the arbitration clauses in intra-EU BITs violate EU law.

The judgment by the European Court of Justice in the Achmea case also makes it virtually impossible to enforce more than 60 million euros in damages demanded by Tallinna Vesi AS in the tariff arbitration dispute under the Estonian and Dutch BIT.

RASK partner Märt Rask and attorney Birgit Aasa participated in the arbitration proceedings by drafting a legal memorandum for the Estonian government on the legal issues under dispute concerning Estonian and EU public law.
Birgit is currently acquiring her PhD degree at the European University Institute, where her PhD dissertation also focuses on EU law.
Further analysis of the possible consequences of Achmea court decisions for Member States and the water tariff arbitration can be read in the linked article.