31 Oct '16, 9am

We lopen een juridisch mijnenveld in.. Is ISDS in EU Trade Agreements Legal under EU Law?

ISDS (including ICS) introduces an alternative to such suits for foreign investors, undermining the exclusive nature of the EU courts’ powers in claims for damages. Under EU law a claim for damages is an autonomous remedy, but the ECJ limits its use.[11] In particular, actions for damages are inadmissible if they are used improperly as a disguised action for annulment or action for failure to act. An example would be to use an action for damages to nullify the effects of a measure that has become definitive, such as a fine. It is also very difficult, if not impossible, to claim damages for lawful acts.[12] Moreover, the Court is very wary of the potential of a “regulatory chill” if it were to accept damages claims too easily. The Court has held that the “exercise of the legislative function must not be hindered by the prospect of actions for damages whenever the general in...

Full article: http://www.iisd.org/itn/2016/02/29/is-isds-in-eu-trade-ag...

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