AKTIVNA LEGITIMACIJA TREĆIH DRŽAVA U POSTUPCIMA PRED SUDOM PRAVDE EU
LOCUS STANDI OF NON-MEMBER STATES IN PROCEEDINGS BEFORE THE COURT OF JUSTICE OF THE EU

Summary/Abstract: Do the non-member states have locus standi to sue in the courts of European Union? If it is the case, under which conditions they may bring actions to the Court of Justice? Are they equal in that respect with the member states of EU or they enjoy the same status as legal persons? Those are some of the questions which the author considers in this article. The subject of the analysis are the provisions of the Treaty on the Functioning of the European Union and Statute of the Court of Justice which relates to the issue of locus standi in proceedings before the courts of EU. Also, the author considers other possibilities for the involvement of third states in the proceedings before the Court of Justice, such as the right to intervene. The motive for this article is the judgement of the Court of Justice of March 7, 2013 in the case Swiss Confederation v. Commission. In this case the Court of Justice was called for the first time to deal with the question of the locus standi of the third state in action for annulment.

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