Germany—(N)ever ending Achmea Saga? Federal Constitutional Court dismisses a limine two constitutional complaints by Achmea

Article summary

Arbitration analysis: The Federal Constitutional Court dismissed a limine two constitutional complaints filed by Achmea against a judgment of the Federal Court of Justice setting aside a UNCITRAL arbitration award after the CJEU’s famous Achmea judgment, holding that the complaints are inadmissible. In its surprisingly detailed reasoned decision, the court stated that Achmea did not sufficiently substantiate a legal interest in filing the complaints: the German Federal Court of Justice would be inevitably bound by the CJEU’s Achmea judgment, which was why even in the case of a successful constitutional complaint, no outcome other than a new reversal of the award could be expected. Further, the court emphasized that due to the primacy of EU law, the challenged judgment implementing EU law was not subject to a review of its compatibility with the German constitution; specifically, Achmea had failed to substantiate that any of the relevant exceptions to this rule (Solange-exception, ultra-vires) apply. Written by...