EU Court has no jurisdiction over Slovenia’s case against Croatia

The Court of Justice of the European Union declared 31 January 2020 that it has no jurisdiction to rule on Slovenia’s case against Croatia over alleged infringements of EU law

The Court of Justice of the European Union declared 31 January 2020 that it has no jurisdiction to rule on Slovenia’s case against Croatia over alleged infringements of EU law based on Article 259 TFEU.

The decision on non-jurisdiction means that Croatia's arguments are accepted. The Court confirmed that neither the arbitration agreement nor the arbitration award formed an integral part of EU law.

The dispute in this case refers to the interpretation and application of international law and therefore it should be resolved by applying international law and by means envisaged for the peaceful resolution of disputes, including negotiations. The Court calls on Croatia and Slovenia to seek a final solution in accordance with the international law, respecting the obligation of loyal cooperation stemming from EU membership.

The Court also underlines that border demarcation falls within the competence of the member states and not the EU, and that it is not for the Court to examine the extent and limits of the respective territories of Croatia and Slovenia, confirming Croatia’s position that the “arbitration award” has not been implemented.

At the same time, this is a strong message to Slovenia that one-sided actions achieve nothing and that the border dispute should be resolved through bilateral talks with Croatia. Only that can yield a mutually acceptable and permanent solution.

Finally, today’s ruling should result in Slovenia ceasing to undertake one-sided actions on sea, where border has yet to be determined, including unlawful actions and fines against Croatian fishermen. As soon as Slovenia complies, Croatia will cease taking reciprocal measures.

 

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