
On May, 2025, Professor Yumiko Nakanishi (Graduate School of Law) published an article titled “Case note: Achmea Judgment of the CJEU and the German Federal Constitutional Court (BVerfG, 2 BvR 557/19 und 2 BvR 141/22)” in Jichi Kenkyu (Vol. 101, No. 6). This article examines a constitutional complaint filed with the German Federal Constitutional Court, challenging a ruling by the German Federal Court that was based on the Achmea preliminary ruling issued by the Court of Justice of the European Union (CJEU). The Achmea decision held that arbitration clauses in investment agreements between EU member states violate the principle of autonomy of EU law. The complaint argued that the German ruling infringed upon fundamental rights under EU law. Professor Nakanishi highlights the significance of this case in clarifying the relationship between EU law and German law, as well as between EU law and the German Federal Constitutional Court. She further situates the Court’s deference to the Achmea ruling within the broader institutional shift in the EU from bilateral investment treaties toward the establishment of investment courts.
