Commission of the European Communities v. Hellenic Republic

Abstract

Economics, trade and finance — Economic sanctions — Unilateral action by State — European Community — Sanctions imposed by Greece upon Former Yugoslav Republic of Macedonia — Greek Government blocking passage of goods other than humanitarian supplies through the port of Thessaloniki — Whether measures compatible with European Community law — European Community Treaty, 1957, Articles 113, 224 and 225 — Division of powers between Community and Member States

International tribunals — Court of Justice of the European Communities — Action brought by Commission against Member State under Article 225 of the European Community Treaty, 1957 — Application for interim measures — Jurisdiction of the Court — Criteria for interim measures — Requirement of primafacie case — Requirement of serious and irreparable harm — Whether Court entitled to take account of likely harm to non-member State — Extent of Court’s power of judicial review — Imposition of sanctions by Member State on grounds of serious international tension constituting a threat of war — Whether threat of war exists — Whether Court entitled to rule on existence of such a threat

Recognition — States — Criteria for recognition — Former Yugoslavia — Former Yugoslav Republic of Macedonia — Opposition by Greece to recognition — Whether Republic asserting a claim to Greek province of Macedonia — Admission of Republic to United Nations

War and armed conflict — Threat of war — European Community Treaty, 1957, Article 224 — Whether situation in Former Yugoslav Republic of Macedonia constituting a threat of war as regards Greece — The law of the European Community