Published 15 November 2019
Since its establishment in 2015 the Court of the Eurasian Economic Union (the 'Court') has been largely seen as a mechanism for resolving disputes between governments or for interpreting the law of the Eurasian Economic Union (EAEU) in abstracto via its advisory opinions. As a result, its potential has been largely underutilized by economic entities despite a liberal locus standi and the possibility to challenge the validity of both individual acts (for instance, in the field of EAEU competition law) and regulatory acts of general application adopted by the Eurasian Economic Commission (EEC), including antidumping measures or even technical regulations. This article aims to discuss how the EAEU Court may help private actors to protect their rights and legitimate interests under EAEU law. It examines the different types of actions available to economic entities, the admissibility criteria and the consequences of the Court's judgements. As the analysis of the EAEU Court's case-law shows, the action for failure to act is of particular importance as it may be used by private entities as an indirect mechanism to enhance Member States' compliance with their obligations under EAEU law. Finally, the authors also address the issue of the sources of law that private actors could rely upon.
This paper will be part of the TDM Special Issue on "The Changing Paradigm of Dispute Resolution and Investment Protection in Post-soviet and Greater Eurasian Space". More information here www.transnational-dispute-management.com/news.asp?key=1745