EU-Australia Free Trade Agreement

European Court says States should decide on ISDS

On 16 May 2017, the Court of Justice of the European Union (CJEU) issued the long-awaited landmark Opinion 2/15 on the EU-Singapore Free Trade Agreement (FTA). According to the CJEU, the agreement falls under the EU’s powers, but not entirely. EU Member States’ national and regional parliaments and the European Parliament must ratify some important provisions regarding investors, particularly ISDS.