Dies ist eine HTML Version eines Anhanges der Informationsfreiheitsanfrage 'Lobby meetings intra-EU investment protection'.



Ref. Ares(2020)3025851 - 11/06/2020
Meeting with 
 
Meeting date and place 
Meeting held on 06/02/2020 09:00 
Participating organisation(s) & representative(s) 
 
 - Association of German Banks  Participant
 
 - Association of German Banks 
Requester
Main issues discussed 
 first explained that he understood that intra-EU BITs do not have their place in the EU internal market and will be
terminated. He asked about timing and the consequences (in particular for pending cases and sunset clauses). 
He explained that there was a growing understanding that BITs were incompatible with EU law, but banks relied on this protection when
making investments and there was concern that now protection would decrease. Even if it may be argued that the EU legal framework was
comparable, there were many problems in practice. More specifically, there were serious concerns especially about some Member States,
with judicial independence being the crucial problem (and efficiency sometimes).IN practice that meant for example that some judgments
were motivated with political rather than legal arguments. He asked also if special investor protection rules were foreseen in the negotiations
with the UK, as this would be useful.
The Commission services explained that an investment protection initiative was mentioned under the CMU in the Commission Work
Programme. An impact assessment and public consultation were forthcoming. 
 recognised that it may be difficult to
establish a comparable system to the BITs and saw an added value in EU action to improve the current EU legal framework, as investors
relied on a working enforcement system in the EU. 
Directorate or unit 
FISMA 
 
Internal participants 
 
FISMA 
  (
@ec.europa.eu)  Participant
  FISMA 
 
@ec.europa.eu) 
ParticipantNotetaker
Author(s) of minutes 
 
Validator and validation date 
 validated the minutes on 21/04/2020 16:38 
Minutes generated by EMT (Id:FISMA/9542)
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