Dr. Rimantas Daujotas
Deputy Permanent Secretary
Lennart Houmann
Date:
Doc.:
8 July 2020
1497035
Dear Mr. Daujotas,
The Danish Ministry of Justice has received the Notice of Arbitration refer-
ring to the Agreement between the Government of the Kingdom of Denmark
and the Government of the Republic of Lithuania Concerning the Promotion
and Reciprocal Protection of Investments of 30 March 1992.
The European Court of Justice decided in case C-284/16,
Achmea,
that arti-
cle 267 and 344 TFEU must be interpreted as precluding a provision in an
international agreement concluded between Member States under which an
investor from one of those Member States may, in the event of a dispute
concerning investments in the other Member State, bring proceedings
against the latter Member State before an arbitral tribunal whose jurisdiction
that Member State has undertaken to accept.
The above-mentioned agreement is therefore not in accordance with EU law
and cannot be relied upon in this regard.
Furthermore, The Danish Ministry of Justice can inform you that in the view
of the Danish Government, the Danish authorities have not acted in a way
that gives rise to liability under the above-mentioned agreement.
On that ground, the Danish Government rejects the claim that you have
made, including the proposal for amicable settlement.
Sincerely,
Slotsholmsgade 10
1216 København K.
Phone +45 7226 8400
Fax +45 3393 3510
Lennart Houmann
www.justitsministeriet.dk