(1)In its judgment of 2 September 2021 in case C-741/19note, Republic of Moldova v Komstroy (the ‘Komstroy judgment’), the Court of Justice of the European Union (CJEU) held that Article 26(2), point (c), of the Energy Charter Treaty, approved on behalf of the European Communities by Council and Commission Decision 98/181/EC, ECSC, Euratomnote, is to be interpreted as not being applicable to disputes between a Member State and an investor of another Member State concerning an investment made by that investor in the first Member State, i.e. intra-EU disputes.
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