The Arbitral Award is applicable and binding, both countries must implement it.
Today, the Court of Justice of the European Union in Luxembourg delivered its judgment on the admissibility of the Slovenian action against Croatia for infringements of EU law resulting from Croatia’s refusal to implement the Arbitral Award on the border between the countries declaring that it lacks jurisdiction to rule on the action.
Nevertheless, the Court noted that Slovenia and Croatia, as parties to the Arbitration Agreement, must take the steps necessary to implement the Arbitral Award. “This is a clear message that the course of the border between the two countries has been determined and that the Arbitral Award must be implemented in both countries,” said Minister Dr Miro Cerar after the judgement was declared.
During today’s press conference, Minister Cerar underscored that the Court passed on a clear message on the Arbitral Award, which indirectly led to Slovenia’s action against Croatia. “Today, the Court explicitly confirmed what Slovenia has claimed all along and what no country has denied: the Arbitral Award is applicable and binding, both countries must implement it. This is yet another proof – and that from the top legal institution of the EU – that Slovenia was right in arguing that Croatia, too, must implement the Arbitral Award,” said Minister Cerar.
In his comment on the judgement, Marko Vrevc, Head of the Border Task Force at the Ministry of Foreign Affairs, stressed that for Slovenia, today’s judgment confirms that by implementing the Arbitral Award and enforcing EU law on the territory determined by the award, Slovenia has been doing the right thing. Slovenia’s action against Croatia before the ECJ is only one of the steps Slovenia has taken to ensure the implementation of the Arbitral Award.
The country will continue its efforts for a full implementation of the internationally recognised Arbitral Award on the border as it places great importance on the rule of law and security in the international area in its immediate vicinity.