Examples of EU Treaties in a sentence
Thus, for a rule of EU law to be deprived of effect as a result of an international agreement, pursuant to the first paragraph of Article 351 TFEU, two conditions must be fulfilled: the agreement must have been concluded before the entry into force of the EU Treaties in the Member State concerned and the third country concerned must derive from it rights which it can require the Member State concerned to respect (see, to that effect, judgment of 10 March 1998, T.
It follows that the Courts of the European Union have jurisdiction to determine whether a prior international agreement concluded by Member States with third countries, such as the ICSID Convention, imposes on the Member State concerned, in the present case the United Kingdom, obligations with which a third country is entitled to require compliance and whether those rights and obligations are affected by the EU Treaties, within the meaning of the first paragraph of Article 351 TFEU.
The first paragraph of Article 351 TFEU must therefore, in accordance with the Court’s case-law, be interpreted strictly, so that the general rules laid down by the EU Treaties are not negated (see, to that effect, judgment of 28 October 2022, Generalstaatsanwaltschaft München (Extradition and ne bis in idem), C-435/22 PPU, EU:C:2022:852, paragraph 120).
Secondly, no obligation of the United Kingdom under the ICSID Convention was affected by the EU Treaties in so far as the relevant provisions of that convention could be interpreted in such a way as to ensure that there is no conflict with the relevant rules of EU law.
The EU Treaties (the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU)), together with the Treaty establishing the European Atomic Energy Community (EURATOM Treaty) represent the primary law relevant for the energy sector.