CELEX: 62019CN0741
Language: en
Date: 2019-10-08 00:00:00
Title: Case C-741/19: Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 8 October 2019 — Republic of Moldova v Komstroy, a company the successor in law to the company Energoalians

9.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 413/34
            
         
      Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 8 October 2019 — Republic of Moldova v Komstroy, a company the successor in law to the company Energoalians
      (Case C-741/19)
      (2019/C 413/41)
      Language of the case: French
      
         Referring court
      
      Cour d’appel de Paris
      
         Parties to the main proceedings
      
      
         Appellant: Republic of Moldova
      
         Respondent: Komstroy, a company the successor in law to the company Energoalians
      
         Questions referred
      
      
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                  Must Article 1.6 of the Energy Charter Treaty be interpreted as meaning that a claim which arose from a contract for the sale of electricity and which did not involve any contribution on the part of the investor in the host State can constitute an ‘investment’ within the meaning of that article?
               
            
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                  Must Article 26(1) of the Energy Charter Treaty be interpreted as meaning that the acquisition, by an investor of a Contracting Party, of a claim established by an economic operator which is not from one of the States that are Parties to that Treaty constitutes an investment?
               
            
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                  Must Article 26(1) of the Energy Charter Treaty be interpreted as meaning that a claim held by an investor, which arose from a contract for the sale of electricity supplied at the border of the host State, can constitute an investment made in the area of another Contracting Party, in the case where the investor does not carry out any economic activity in the territory of that latter Contracting Party?