Case Note: Greek Supreme Administrative Court Extends CJEU’s Achmea and PL Holdings Jurisprudence to Contract-Based Arbitration - European Investment Law and Arbitration Review View Case Note: Greek Supreme Administrative Court Extends CJEU’s Achmea and PL Holdings Jurisprudence to Contract-Based Arbitration by - European Investment Law and Arbitration Review Case Note: Greek Supreme Administrative Court Extends CJEU’s Achmea and PL Holdings Jurisprudence to Contract-Based Arbitration 9 2

In 2022, the Greek Supreme Administrative Court (SAC) ruled that arbitration clauses contained in concession agreements that are classified as ‘investment contracts’ are contrary to Articles 267 and 344 TFEU and that, consequently, arbitral awards rendered on the basis of such clauses are ipso jure deprived of any preclusive effect. In reaching this conclusion, the Court relied on the CJEU’s judgments in Achmea and PL Holdings. The Court affirmed this ruling again in 2023. This case-law has come under heavy criticism in Greek legal literature. In addition to the sound legal arguments against it, commentators rightly point out to its farreaching implications which are certainly detrimental to the future of private–public arbitration in Greece.

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