CELEX: 62020CN0109
Language: en
Date: 2020-02-27 00:00:00
Title: Case C-109/20: Request for a preliminary ruling from the Högsta domstolen (Sweden) lodged on 27 February 2020 — Republic of Poland v PL Holdings Sàrl

11.5.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 161/40
            
         
      Request for a preliminary ruling from the Högsta domstolen (Sweden) lodged on 27 February 2020 — Republic of Poland v PL Holdings Sàrl
      (Case C-109/20)
      (2020/C 161/52)
      Language of the case: Swedish
      
         Referring court
      
      Högsta domstolen
      
         Parties to the main proceedings
      
      
         Appellant and cross-respondent: Republic of Poland
      
         Appellant and cross-respondent: PL Holdings Sàrl
      
         Question referred
      
      Do Articles 267 and 344 TFEU, as interpreted in Achmea, (1) mean that an arbitration agreement is invalid if it has been concluded between a Member State and an investor — where an investment agreement contains an arbitration clause that is invalid as a result of the fact that the contract was concluded between two Member States — [despite the fact that] the Member State, after arbitration proceedings were commenced by the investor, refrains, by the free will of the State, from raising objections as to jurisdiction?
      
         (1)  Judgment of the Court of Justice of 6 March 2018 (Case C-284/16, Achmea, EU:C:2018:158).