The course of this year was marked by another
event that ended up to be much ado about nothing, the order granted in the
matter Slovakia v. Eureko by the German Federal Supreme Court according to
which the proceedings before it were redundant. These proceedings, in which the
Commission had intervened to support the position that the arbitral tribunal
lacked jurisdiction, had been brought by the Dutch company Eureko against the
Slovak Republic under the Dutch-Slovak BIT (thus an intra-EU BIT). The arbitral
tribunal held that it had jurisdiction because the BIT was fully valid and had
not been terminated by the Slovak Republik’s accession to the EU.

Laurence Burger, “The Commission’s factsheets: a declaration of faith in the EU BITs world?”, www.kluwerarbitrationblog.com, December 9, 2013.