The European Trade Justice Coalition, along with allies, has commissioned a new legal study on the Energy Charter Treaty (ECT):

The paper looks at the question of what will happen to EU Member States that implement binding EU acts (like a directive or a a court ruling) after the EU has withdrawn from the ECT.

  • It finds convincing evidence that Member States could be held responsible by an arbitration tribunal for implementing binding EU acts and could be forced to pay compensation to an investor, even if they had no choice over the implementation of the EU act.
  • It recommends that Member States that want to minimize their risks and avoid having to pay compensation for implementing binding EU decisions should withdraw from the ECT together with the EU.

This paper adds to the strong arguments that EU member states should withdraw from the ECT along with the European Union. For more information on the Energy Charter Treaty, please see here: