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MOX Plant Dispute – Court of Justice of the European Communities

Freedom of member states to bring disputes before another court or tribunal: Ireland condemned for bringing the MOX plant dispute before an arbitral tribunal. Grand Chamber decision of 30 May 2006, Case C-459/03, Commission v. Ireland

Published online by Cambridge University Press:  14 December 2006

Nikolaos Lavranos
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Extract

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It is uncommon for a provision of the EC Treaty to remain all but unnoticed for fifty years by both legal literature and the case-law of the European Court of Justice. However, that is what happened to Article 292 EC, which states that ‘Member States undertake not to submit a dispute concerning the interpretation or application of this Treaty to any method of settlement other than those provided for therein.’ This provision can be taken to mean that if a dispute arises between European Union member states involving Community law, they shall bring the dispute exclusively before the European Court of Justice.

Keywords

Article 292 ECMox-plantProliferationInternational CourtsJurisdictionJurisdictional CompetitionOSPAR ProceedingsUNCLOS ProceedingsAutonomyExclusive JurisdictionFragmentationDispute Settlement
Type
Case Notes
Information
European Constitutional Law Review , Volume 2 , Issue 3 , October 2006 , pp. 456 - 469
Copyright
Asser Press 2006