In Case C-802/24, the Advocate General delivered his Opinion on 26 February 2026. He considers that Article 11(1) of Council Regulation (EU) No 833/2014 of 31 July 2014 does not preclude recourse to arbitration in respect of a claim that cannot be satisfied within the meaning of that provision. However, satisfaction must in fact be unobtainable, and any arbitral award must remain subject to judicial review in order to ensure compliance with EU public policy.

The full Opinion is available at the following link - https://infocuria.curia.europa.eu/tabs/document/C/2024/C-0802-24-00000000RP-01-P-01/CONCL/316861-EN-1-html

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