IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs
4
PE 703.592
5.3.
The conflict between EU Treaties and the ECT
47
5.3.1.
The approach of Investment Tribunals before Komstroy
47
5.3.2.
CJEU and the
Komstroy
Decision
49
5.4.
The conflict between ECT and Paris Agreement
50
6.
CONCLUSIONS AND POLICY RECOMMENDATIONS
53
6.1.
Remaining in the ECT and raising procedural and substantive objections before investment
tribunals
53
6.1.1.
Procedural objections
53
6.1.2.
Substantive objections
55
6.2.
Withdrawal the sooner the better?
55
6.3.
The in-advance
expiration of the ECT
56
6.3.1.
The termination of the ECT
56
6.3.2.
Termination of the ECT with the adoption
of a new Energy Treaty
57
6.4.
The revision of the ECT
58
6.4.1.
Agreement to amend the duration of the sunset clause
58
6.4.2.
Agreement to amend the substantive content of the ECT
60
6.5.
The
ultimum refugium
of the modification of the ECT among the Member States of the EU
and then
termination
60
6.6.
Concluding remarks
61
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