The ECJ sees no problems with the trade Pact CETA between the EU and Canada. The controversial arbitration courts for dispute settlement between investors and States are compatible with EU law, the judges said.
The agreement with the name CETA has mobilized a lot of Protest: More than 60,000 people turned alone to the German Federal constitutional court, because they considered the agreement between the EU and Canada, for in the highest degree undemocratic. The most important point of criticism: The creation of an international court - a court, in front of the investors complaints, the high damages demand, and thus domestic laws could override. The critics feared a controllable parallel justice. A national government could adopt, for example, there are no stricter rules in the protection of the environment, because they must always fear to be from a canadian company before the CETA court for loss of profits sued.CETA
so far only preliminary, The Federal constitutional court allowed for the accession of Germany to CETA in 2016, but the section with the new dishes had to be omitted. According to the agreement will be applied from 2017, although provisionally, however, the case with the special court and the special right of Action for companies has not been implemented yet.
in Belgium there was a lot of resistance against the Treaty with Canada, especially because of these special courts. The country has therefore turned to the Supreme court instance in the EU, the ECJ in Luxembourg, whether or not these new CETA-courts were at all incompatible with European law.