The CJEU declares that it lacks jurisdiction to rule on an action for failure to fulfil obligations when the infringement of EU law results from an internationally wrongful act. (Judgment of 31 January 2020, Slovenia v Croatia, C-457/18) .
DOI:
https://doi.org/10.18042/cepc/rdce.67.07Abstract
On January 31, 2020 the CJEU rendered its judgment in the case Slovenia v Croatia (C-457/18), declaring that it lacks jurisdiction to rule on the Slovenia’s action. The arbitration award of 2017 determining the border between these two Balkan countries was in the background of the action. The Court believes that it has no jurisdiction to rule on the action for failure to fulfil obligations brought by Slovenia, because the infringement of provisions of EU law pleaded in support of it was ancillary to the alleged failure to comply with obligations arising from the arbitration award by Croatia. The Court also rejects to use the border determined by the arbitration award as a factual data in order to verify the existence of the infringements of EU law at issue. After its analysis, the CJEU judgment is considered correct in both aspects. It is also argued that it does not mean that the Court disregards international law, including the principles pacta sunt servanda and res iudicata.
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