Access to the Courts

Who can institute proceedings?

Partner States: A Partner State may make a reference to the Court: If it considers that another Partner State or an organ or an institution of the Community has failed to fulfil an obligation or has infringed a provision of the Treaty, may refer the matter to the Court. A State may also seek the Court to determine the legality of any Act, regulation, directive decision or action on the ground that it is ultra vires or unlawful or infringes the provisions of the Treaty

Secretary General: If a Partner State fails to fulfil its obligation under the Treaty, the Secretary General may refer the matter to the Court

Reference by Legal and Natural Persons: A legal or natural person resident in any of the Partner States may challenge the legality of any Act, regulation, directive, decision or action of a Partner State or an institution of the Community on the grounds that it infringes the provisions of the Treaty.