Tag Archives: permanence

Case C-555/13 Merck Canada – Preliminary reference from arbitration panel

The Court of Justice has, by its Order of 13 February 2014 in Case C-555/13 Merck Canada Inc, accepted to answer a question referred by an arbitration tribunal.

Does that order mean the end of  the Court’s traditional rule that an arbitration tribunal is not a “court or tribunal of a Member State” within the meaning of Article 267 TFEU and its case law resulting from Case 102/81 ‘Nordsee’ Deutsche Hochseefischerei [1982] ECR 1095, paragraphs 10 to 12, and Case C-126/97Eco Swiss [1999] ECR I-3055, paragraph 34 ? No, not at all.

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