The twilight of the BITs?

The days of bilateral investment treaties between EU member states (intra-EU BITs) seem numbered: On 18 Jun 2015, the European Commission (the commission) initiated formal infringement proceedings under Article 258 of the Treaty on the Functioning of the European Union (TFEU) against five member states (Austria, the Netherlands, Romania, Slovakia and Sweden) for their failure to terminate their intra-EU BITs. Pilot procedures have been launched aigainst twenty other member states for the same reason.