The Court of Justice as an inter-state court

Summary:

This article delves into the two inter-state dispute resolution instruments that are within the primary law framework of the European Union, and analyses to what extent inter-state disputes between EU Member States can be litigated before the Court of Justice of the EU (CJEU).

Articles 259 and 273 TFEU allow for the jurisdiction for the CJEU to adjudicate on inter-state disputes between EU Member States, subject to the fulfilment of certain conditions set down in the treaties. Article 259 TFEU relates to inter-state enforcement of European Union (EU) law obligations, whereas Article 273 TFEU concerns asking the CJEU to be an adjudicator for inter-state disputes stemming from a bilateral or multilateral arrangement that relates to the subject matters of the treaties. Use of both instruments for inter-state litigation has historically been limited, demonstrating the strong self-contained regime of law that the EU has built and developed.