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MFA on EU Advocate General's opinion on admissibility of Slovenia's action against Croatia concerning infringements of EU law

The Slovenian Ministry of Foreign Affairs has taken note of the Opinion by Advocate General Pikamäe regarding the jurisdiction of the EU Court of Justice in the action brought by Slovenia against Croatia concerning the infringements of EU law.

Minister dr. Cerar

Slovenia’s action does not directly relate to the internationally binding award of the arbitral tribunal, but to the infringements of EU law on the part of Croatia. The Advocate General’s Opinion is not binding on the Court of Justice; it is merely a phase in the proceedings before the Court. The Judges of the Court are now beginning their deliberations in this case, and Slovenia believes that its legal arguments will be heard, notwithstanding the Advocate General’s Opinion. In case the Court finds Slovenia’s action admissible, the proceedings will continue with Croatia’s presentation of its position on the substance of the case.

The Court proceedings do not change the fact that the arbitral award on the course of Slovenia and Croatia’s land and maritime boundary is valid and binding on both countries. Slovenia as a state respecting the rule of law and decisions by international courts and tribunals has adopted the necessary legislation to implement the arbitral award. Croatia has yet to fulfil this obligation.

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