Abstract
The Court of Justice of the European Communities (ECJ) is well-known for keeping a sharp eye on its exclusive jurisdiction enshrined in articles 220 and 292 of the Treaty establishing the European Community (TEC). The ECJ’s reputation results from a number of judgments and opinions which prima facie seem to pursue one major goal, namely safeguarding the ECJ’s extraordinary position within the legal order of the European Community (EC). However, a closer look at the relevant ECJ jurisprudence - particularly Opinions 1/91 and 1/92 on the European Economic Area (EEA), and the Mox Plant, Matthews and Bosphorus cases - and an evaluation of the possible legal effects of decisions delivered by ‘foreign’ international tribunals - e. g. arbitral tribunals, WTO panels, and the European Court of Human Rights (ECtHR) - facilitates a more balanced appraisal of the ECJ’s approach.
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