What the CJEU said about access to the ECT’s dispute resolution mechanisms in Republic of Moldova v Komstroy

In short, the CJEU held that (i) while Member States may still be required to comply with the ECT’s dispute resolution mechanisms concerning an investment made by an investor from a third state in a Member State’s territory, the dispute resolution mechanisms provided for in the ECT cannot be applied to disputes concerning an investment made by an investor from one Member State in the territory of another Member State, and (ii) before a supply contract – such as one for the supply of electricity – can amount to an ‘investment’ within the meaning of Article 1(6) ECT, it must be convincingly connected to an investment otherwise it is merely a commercial transaction.