Professor Panos Koutrakos comments on Case C-516/22 Commission v UK about the Supreme Court Micula judgment

12 Apr 2024

Professor Panos Koutrakos has written an Op-Ed for EU Law Live on the recent judgment of the European Court of Justice in Case C-516/22 Commission v UK. The ECJ held that, in handing down the Micula judgment ([2020] UKSC 5), the UK Supreme Court had  ‘seriously compromised the EU legal order’: it had misinterpreted and misapplied Article 351 TFEU, violated the duty of cooperation under Article 4(3) TEU, failed to refer to the Court of Justice under Article 267 TFEU, and infringed the duty laid down in Article 108(3) TFEU.

Professor Koutrakos has written extensively on the relationship between EU law and international investment law (for instance, ‘The anatomy of autonomy: themes and perspectives on an elusive principle’, European Central Bank Legal Conference 2019, Building Bridges: central banking law in an interconnected world p90). He is also on the European Commission List of Candidates Suitable for Appointment as Arbitrators and TSD experts.