80 Any other interpretation of that provision would deprive the effectiveness of the clear distinction of ect between the turnover provided for in Part II of that provision and the investments provided for in Part III. 79 In that context, it must be held that a mere supply contract is a transaction which, as such, cannot constitute an `investment` within the meaning of Article 1(6) ECT, even if a guarantee is necessary for the operation to be an investment. 47 After all that, it is necessary to examine whether a dispute between a Member State and an investor of another Member State may be submitted to arbitration under Article 26(2) of the EC Treaty in the event of an investment which it has made in the first Member State. In this article, this is not the first time that the Commission has ECT. The International Centre for Settlement of Investment Disputes, established by the Convention on the Settlement of Investment Disputes between States and Citizens of Other States, which was opened for signature in Washington, D.C., on 18 December 1999; 1 This request for a preliminary ruling concerns the interpretation of Article 1(6) and the second subparagraph of Article 26(26) of the ICSID Convention. This Decision was signed in Lisbon on 17 December 1994 and approved on behalf of the European Communities by Council and Commission Decision 98/181/EC, ECSC, Euratom of 23 June 1998. . .