CJEU to hold hearing on Croatia's inadmissibility motion

The Court of Justice of the European Union (CJEU) 8 July 2019 will hold a hearing on the inadmissibility motion which Croatia filed in proceedings which Slovenia brought against Croatia...

The Court of Justice of the European Union (CJEU) 8 July 2019 will hold a hearing on the inadmissibility motion which Croatia filed in proceedings which Slovenia brought against Croatia under Article 259 of the Treaty on the Functioning of the EU (TFEU), claiming that Croatia is breaching EU law by failing to implement an “arbitration award”.

In its motion, Croatia argues that the CJEU is not competent to decide on Slovenia’s demands since the dispute does not depend on the application of EU law or its interpretation, which would fall under the CJEU jurisdiction. Said dispute refers to the interpretation and application of international law and should be settled accordingly – peacefully and through negotiations.

Croatia will argue before the CJEU that Slovenia’s suit actually pertains to the direction in which the sea and land border between Croatia and Slovenia runs, i.e. whether the Arbitration Agreement and the “arbitration award” are valid and whether they have defined a new border.

As the Arbitration Agreement in not part of the EU law, the CJEU is competent to interpret neither its legal status nor the status of the accompanying “arbitration award”. These are matters of international law and should be dealt with accordingly.

Bilateral border disputes fall outside of the EU law and CJEU competence. Croatia believes that both sides should go back to dialogue and bilateral negotiations to determine the border line. Only that can yield a mutually acceptable and permanent solution.  

 

Press releases