Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of

Macedonia v. Greece)

On 17 November 2008, the former Yugoslav Republic of Macedonia (FYROM) instituted proceedings
before the International Court of Justice (ICJ) against Greece for a flagrant violation of its obligations under
Article 11 of the Interim Accord signed by the Parties on 13 September 1995.

Article 11 provides that [Greece] agrees not to object to the application by or the membership of the
[FYROM] in international, multilateral and regional organizations and institutions of which [Greece] is a
member.

However, FYROM contends that Greece vetoed its application to join NATO during the Bucharest summit in
April 2008, because it wants to resolve the difference between the Parties concerning the constitutional
name of FYROM as a precondition for Macedonias membership.

In its Application, FYROM requests the Court to order Greece to immediately take all necessary steps to
comply with its obligations under Article 11 and to cease and desist from objecting [] to the Applicants
membership of the North Atlantic Treaty Organisation and/or of any other international, multilateral and
regional organizations and institutions.

The objection of Greece against Macedonia was a breach of its obligation under the accord.

Exceptio non adimpleti contractus was used here meaning that non performance can be retaliated with
non performance.

It was used to establish that the litigant is to have the burden of proof.