Disputes concerning the interpretation and application of this Treaty arising between the 
Contracting Parties or between the Contracting Parties and the ESM should be submitted to 
the jurisdiction of the Court of Justice of the European Union, in accordance with Article 273 
of the Treaty on the Functioning of the European Union ("TFEU").  
The above is out of the treaty but what you say is the Governors are left to make the decisions about the so called legacy assets and I disagree with the view.