Or
b) To decide to file an action against the defaulting Member State, addressing the
domestic jurisdiction of the State where the alleged violation of his rights has
occurred.
50 At this point, one should bear in mind that national courts are also Community courts
as they have competence to apply the Community law which forms part of the
internal order.
51 For clarification on the interpretation of the content and norms required for
application of the community texts, National Courts may refer the matter to the Court
of Justice under the tenet of Article IO(f) ofthe Protocol which provides:
"where in any action before a court of Member State, an
issue arises as to the interpretation ofprovision of the Treaty,
or other Protocols or Regulations, the national court may on
its own or at the request of any of the parties to the action
refeP the· issue fa the Court for inter]Jrefation ".
52 It is in this relationship between the Community Court of Justice and National Courts
that the Community law will strive and be appropriated by the entire Community.
CONSEQUENTLY
53 Whereas the Community Court of Justice is competent to adjudicate on any dispute
relating to the failure by Member States to honour their obligations under the Treaty,
Conventions and Protocols, regulations or decisions of ECO WAS ;
54 Whereas for actions against Member States for violation of their obligations under
Community law, only Member States and the ECOWAS Commission have access to
the Court of Justice.
10