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Intra-EU BITs

There are around 200 bilateral investment agreements (BIT) signed between European Union member states, most of which contain investor-state dispute settlement (ISDS) provisions.

As of end 2014, the total number of intra-EU disputes based on intra-EU BITs amounted to about 50, approximately 8 per cent of all cases globally. These cases pertain to various areas, including agriculture & food, energy, the environment, the media or services.

The most well-known cases include:

• Eureko (Netherland) vs. Poland: case settled in 2005 for about €2 billion in favour of the investor, a large European insurance company (Netherland-Poland BIT invoked)

• Ceskoslovenska Obchodni Banka (Czech Republic) vs. Slovak Republic: €553 million awarded in 2004 to the investor, one of the largest commercial banks in the Czech Republic (Czech Republic-Slovak Republic BIT invoked)

• Micula (Sweden) vs. Romania: US$250 million awarded in 2013 to the investor, a multiple food processing business (Romania-Sweden BIT invoked)

(November 2015)