226
It appears that the infringement procedure concerns a number of recent incidents
reported by both States, involving Slovenian and Croatian fishing and coast
guard vessels crossing the contested maritime border between the two States in the
Bay of Piran. These incidents repeatedly resulted in the fishermen from both sides
of the border being fined by the territorial authorities of the two States. In its
response of 17 April 2018, Croatia reportedly denied having infringed EU law.
Since the Commission chose not to issue a reasoned opinion, Slovenia, in accordance with Article 259(4) TFEU, brought proceedings before the Court of Justice of
the European Union (ECJ) on 13 July 2018.
2
This is just the latest round of a territorial and maritime border dispute that has
been dragging on for over 20 years, alternating better and worse periods, sudden
improvements and moments of deep crisis, in the bilateral relations between the two
States.
3
Certainly symptomatic of a deep crisis are the events following the scandal
which, in July 2015,
4
led to Croatia’s withdrawal from the arbitration proceedings
initiated under the 2009 Arbitration Agreement with Slovenia (“Arbitration
Agreement”).
5
While the Arbitral Tribunal decided to continue its work, issuing first
an award on jurisdiction on 30 June 2016
6
and then a final award on the merits of the
dispute on 29 June 2017 (“Final Award”, or simply “Award”),
7
Croatia persistently
refused not only to participate further in the proceedings, but also (and despite
Slovenia’s requests) to implement the Final Award, whose validity it disputes.
Although the events of July 2015 have clearly contributed to the current situation, where the very possibility of a final settlement of the dispute between the two
States is once again being called into question, they will not be discussed here, since
they are not directly connected to the general theme of this book.
cumstances, as well as their relevance to EU law for the purposes of the infringement procedure.
See, e.g., http://www.sloveniatimes.com/year-after-arbitration-award-slovenia-and-croatia-stilldisunited.
2 Slovenia v. Croatia, Case C-457/18. In its Application, Slovenia claims the infringement of various primary and secondary norms of EU law, including Arts. 2 and 4(3) TEU, and Art. 5(2)
Regulation (EU) No. 1380/2013 (see Official Journal of the European Union, C 399, 05 November
2018, p. 19).
3 The maritime border dispute has attracted much attention in the literature. See ex multis, Blake
and Topalović (1996), pp. 19–33; Sersic (2002), p. 334 ff.; Arnaut (2004), Vukas (2006). Since the
commencement of arbitration proceedings, there has been renewed interest in the dispute: see e.g.
Cataldi (2013) and (2016), pp. 184–191, and Arnaut (2014).
4 For further details and analysis see Sarvarian and Baker (2015).
5 Arbitration Agreement between the Government of the Republic of Croatia and the Government
of the Republic of Slovenia, signed in Stockholm on 4 November 2009.
6 PCA, In the Matter of an Arbitration Under the Arbitration Agreement Between the Government
of the Republic of Croatia and the Government of the Republic of Slovenia, Signed on 4 November
2009 (hereinafter “Croatia/Slovenia”), Partial Award, 30 June 2016.
7 Croatia/Slovenia, Final Award, 29 June 2017 (further references will be made exclusively to this
Award). The Final Award has been discussed by a number of authors: see Aloupi (2017), Bankes
(2017), Lando (2017b), Oude Elferink (2017) and Ferri (2018).
A. Insolia
It appears that the infringement procedure concerns a number of recent incidents
reported by both States, involving Slovenian and Croatian fishing and coast
guard vessels crossing the contested maritime border between the two States in the
Bay of Piran. These incidents repeatedly resulted in the fishermen from both sides
of the border being fined by the territorial authorities of the two States. In its
response of 17 April 2018, Croatia reportedly denied having infringed EU law.
Since the Commission chose not to issue a reasoned opinion, Slovenia, in accordance with Article 259(4) TFEU, brought proceedings before the Court of Justice of
the European Union (ECJ) on 13 July 2018.
2
This is just the latest round of a territorial and maritime border dispute that has
been dragging on for over 20 years, alternating better and worse periods, sudden
improvements and moments of deep crisis, in the bilateral relations between the two
States.
3
Certainly symptomatic of a deep crisis are the events following the scandal
which, in July 2015,
4
led to Croatia’s withdrawal from the arbitration proceedings
initiated under the 2009 Arbitration Agreement with Slovenia (“Arbitration
Agreement”).
5
While the Arbitral Tribunal decided to continue its work, issuing first
an award on jurisdiction on 30 June 2016
6
and then a final award on the merits of the
dispute on 29 June 2017 (“Final Award”, or simply “Award”),
7
Croatia persistently
refused not only to participate further in the proceedings, but also (and despite
Slovenia’s requests) to implement the Final Award, whose validity it disputes.
Although the events of July 2015 have clearly contributed to the current situation, where the very possibility of a final settlement of the dispute between the two
States is once again being called into question, they will not be discussed here, since
they are not directly connected to the general theme of this book.
cumstances, as well as their relevance to EU law for the purposes of the infringement procedure.
See, e.g., http://www.sloveniatimes.com/year-after-arbitration-award-slovenia-and-croatia-stilldisunited.
2 Slovenia v. Croatia, Case C-457/18. In its Application, Slovenia claims the infringement of various primary and secondary norms of EU law, including Arts. 2 and 4(3) TEU, and Art. 5(2)
Regulation (EU) No. 1380/2013 (see Official Journal of the European Union, C 399, 05 November
2018, p. 19).
3 The maritime border dispute has attracted much attention in the literature. See ex multis, Blake
and Topalović (1996), pp. 19–33; Sersic (2002), p. 334 ff.; Arnaut (2004), Vukas (2006). Since the
commencement of arbitration proceedings, there has been renewed interest in the dispute: see e.g.
Cataldi (2013) and (2016), pp. 184–191, and Arnaut (2014).
4 For further details and analysis see Sarvarian and Baker (2015).
5 Arbitration Agreement between the Government of the Republic of Croatia and the Government
of the Republic of Slovenia, signed in Stockholm on 4 November 2009.
6 PCA, In the Matter of an Arbitration Under the Arbitration Agreement Between the Government
of the Republic of Croatia and the Government of the Republic of Slovenia, Signed on 4 November
2009 (hereinafter “Croatia/Slovenia”), Partial Award, 30 June 2016.
7 Croatia/Slovenia, Final Award, 29 June 2017 (further references will be made exclusively to this
Award). The Final Award has been discussed by a number of authors: see Aloupi (2017), Bankes
(2017), Lando (2017b), Oude Elferink (2017) and Ferri (2018).
A. Insolia