The Court of Justice finally rules on the analogical application of Art. 351 TFEU: end of the story?

The possibility to apply by analogy art. 351 TFEU to agreements concluded by the Member States after the deadline set out in the provision yet before the granting of a new competence to the Union has long been discussed by the scholarship. However, until very recently, the Court of Justice had always found a way to avoid the question. In Generalstaatsanwaltschaft München v HF, the Court has adopted a restrictive interpretation of the provision in question, thus ruling out its application by analogy.