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Commission of the European Communities v. Ireland

Court of Justice of the European Communities.  30 May 2006 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Treaties — EC Treaty — Euratom Treaty — Application and interpretation — Court of Justice of the European Communities — Jurisdiction — Scope — Member States of European Community — Obligations on Member States under EC and Euratom Treaties — Member State instituting dispute-settlement proceedings against another Member State under United Nations Convention on the Law of the Sea, 1982 — Whether dispute concerning Community law — Whether Ireland failing to respect exclusive jurisdiction vested in Court — Whether dispute requiring interpretation and application of Community law measures — Whether Ireland failing to comply with duty of cooperation — Whether Ireland failing to fulfil its obligations under Articles 10 and 292 of EC Treaty and Articles 192 and 193 of Euratom Treaty

International tribunals — Arbitral Tribunal established under Annex VII of United Nations Convention on the Law of the Sea, 1982 — Jurisdiction — EC Member State submitting dispute with other EC Member State to Arbitral Tribunal — Whether dispute concerning Community law — Whether EC Member State thereby failing to fulfil its obligations under EC and Euratom Treaties — Whether system for resolution of disputes in EC Treaty or Part XV of UNCLOS having precedence

Treaties — United Nations Convention on the Law of the Sea, 1982 — UNCLOS concluded by European Community and all its Member States — Mixed agreement — Status of UNCLOS in Community legal order — EC Member State relying on UNCLOS provisions in submitting dispute to Arbitral Tribunal — Whether UNCLOS provisions in issue within scope of Community competence — Whether forming integral part of Community legal order — Whether dispute concerning interpretation or application of EC or Euratom Treaties — Effect of UNCLOS on allocation of responsibilities in Treaties — Effect of UNCLOS on autonomy of Community legal system

Relationship of International Law and Municipal Law — Treaties — United Nations Convention on the Law of the Sea, 1982 — Arbitral Tribunal established under Annex VII of UNCLOS — European Community — EC and Euratom Treaties — Obligations of Member States of European Community under EC and Euratom Treaties — Exclusive jurisdiction of Court of Justice of the European Communities — Autonomy of Community legal order — Whether EC Member States having conflicting legal obligations under public international law — Whether UNCLOS part of Community legal order — Court’s jurisdiction over mixed agreements such as UNCLOS — Scope — Whether UNCLOS provisions in issue within Community competence — Whether part of Community law — Whether subject to Court’s jurisdiction — Whether system for resolution of disputes in EC Treaty or Part XV of UNCLOS having precedence

International organizations — European Community — Autonomy of Community legal system — Whether international agreement affecting allocation of responsibilities defined in EC and Euratom Treaties — Obligations of EC Member States — EC Member State instituting dispute-settlement proceedings against another EC Member State under United Nations Convention on the Law of the Sea, 1982 — Whether Member State failing to fulfil its obligations under EC and Euratom Treaties — Whether Court of Justice having exclusive jurisdiction over dispute between EC Member States

Sea — Environmental protection — United Nations Convention on the Law of the Sea, 1982 — Protection of marine environment — UNCLOS provisions invoked in dispute relating to protection of marine environment — Whether within scope of European Community competence — Whether subject to jurisdiction of Court of Justice of the European Communities — The law of the European Communities

Type
Case Report
Copyright
© Cambridge University Press 2013

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