Request for a preliminary ruling from the Högsta domstolen (Sweden) lodged on 27 February 2020 — Republic of Poland v PL Holdings Sàrl

(Case C-109/20)

(2020/C 161/52)

Language of the case: Swedish

Referring court

Högsta domstolen

Parties to the main proceedings

Appellant and cross-respondent: Republic of Poland

Appellant and cross-respondent: PL Holdings Sàrl

Question referred

Do Articles 267 and 344 TFEU, as interpreted in Achmea, (1) mean that an arbitration agreement is invalid if it has been concluded between a Member State and an investor — where an investment agreement contains an arbitration clause that is invalid as a result of the fact that the contract was concluded between two Member States — [despite the fact that] the Member State, after arbitration proceedings were commenced by the investor, refrains, by the free will of the State, from raising objections as to jurisdiction?

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(1)  Judgment of the Court of Justice of 6 March 2018 (Case C-284/16, Achmea, EU:C:2018:158).