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2016   |   Book 3

List of Court Decisions published in the EFTA Court Reports

1

E-1/94

Ravintoloitsijain Liiton Kustannus Oy Restamark

Request for an Advisory Opinion from Tullilautakunta, Finland

Admissibility – Free movement of goods – State monopolies of a commercial character – Import monopoly – Articles 11, 13 and 16 of the EEA Agreement – Unconditional and sufficiently precise

[1994-1995]

p. 15

2

E-2/94

Scottish Salmon Growers Association Ltd v EFTA Surveillance Authority

Direct Action

Decision of the EFTA Surveillance Authority – Constituent Elements – Judicial Review – Statement of Reasons – Admissibility – Locus standi – Direct and Individual Concern

[1994-1995]

p. 59

3

E-3/94

Alexander Flandorfer Friedmann and Others v Republic of Austria

Jurisdiction – Procedure – Admissibility – Legal aid

[1994-1995]

p. 83

4

E-4/94

Konsumentombudsmannen v De Agostini (Svenska) Förlag AB

Request for an Advisory Opinion from Marknadsdomstolen, Sweden

Withdrawn

[1994-1995]

p. 89

5

E-5/94

Konsumentombudsmannen v TV-shop i Sverige AB

Request for an Advisory Opinion from Marknadsdomstolen, Sweden

Withdrawn

[1994-1995]

p. 93

6

E-6/94

Reinhard Helmers v EFTA Surveillance Authority and Kingdom of Sweden

Direct Action

Procedure – Admissibility – Application for revision

[1994-1995]

p. 97 and 103

7

E-7/94

Data Delecta Aktiebolag and Ronnie Forsberg v MSL Dynamics Ltd

Request for an Advisory Opinion from Högsta domstolen, Sweden

Withdrawn

[1994-1995]

p. 109

8

Joined Cases E-8/94 and E-9/94

Forbrukerombudet v Mattel Scandinavia A/S and Lego Norge A/S

Request for an Advisory Opinion from Markedsrådet, Norway

Admissibility – Free movement of services – Council Directive 89/552/EEC – Transmitting State principle – Televised advertising targeting children – Broadcasters/ Advertisers – Circumvention – Directed advertising – Council Directive 84/450/EEC

[1994-1995]

p. 113

9

E-1/95

Ulf Samuelsson v Svenska staten

Request for an Advisory Opinion from Varbergs tingsrätt, Sweden

Admissibility – Council Directive 80/987/EEC – National measures to counter abuse – Proportionality

[1994-1995]

p. 145

10

E-2/95

Eilert Eidesund v Stavanger Catering A/S

Request for an Advisory Opinion from Gulating lagmannsrett, Norway

Council Directive 77/187/EEC – Transfer of part of a business – Transfer of rights to pension benefits

[1995-1996]

p. 1

11

E-3/95

Torgeir Langeland v Norske Fabricom A/S

Request for an Advisory Opinion from Stavanger byrett, Norway

Council Directive 77/187/EEC – Transfer of rights to pension benefits

[1995-1996]

p. 36

12

E-1/96

EFTA Surveillance Authority v Republic of Iceland

Discontinuance of proceedings

[1995-1996]

p. 63

13

E-2/96

Jørn Ulstein and Per Otto Røiseng v Asbjørn Møller

Request for an Advisory Opinion from Inderøy herredsrett, Norway

Council Directive 77/187/EEC – Transfer of rights to pension benefits

[1995-1996]

p. 65

14

E-3/96

Tor Angeir Ask and Others v ABB Offshore Technology AS and Aker Offshore Partner AS

Request for an Advisory Opinion from Gulating lagmannsrett, Norway

Council Directive 77/187/EEC – Transfer of part of a business

[1997]

p. 1

15

E-4/96

Fridtjof Frank Gundersen v Oslo kommune

Request for an Advisory Opinion from Oslo byrett, Norway

Withdrawn

[1997]

p. 28

16

E-5/96

Ullensaker kommune and Others v Nille AS

Request for an Advisory Opinion from Borgarting lagmannsrett, Norway

Admissibility – Free movement of goods – Licensing scheme

[1997]

p. 30

17

E-6/96

Tore Wilhelmsen AS v Oslo kommune

Request for an Advisory Opinion from Oslo byrett, Norway

Alcohol sales – State monopolies of a commercial character – Free movement of goods

[1997]

p. 53

18

E-7/96

Paul Inge Hansen v EFTA Surveillance Authority

Direct Action

Action for failure to act – Admissibility

[1997]

p. 100

19

E-1/97

Fridtjof Frank Gundersen v Oslo kommune, supported by Norway

Request for an Advisory Opinion from Oslo byrett, Norway

Alcohol sales – State monopolies of a commercial character – Free movement of goods

[1997]

p. 108

20

E-2/97

Mag Instrument Inc v California Trading Company Norway, Ulsteen

Request for an Advisory Opinion from Fredrikstad byrett, Norway

Exhaustion of trade mark rights

[1997]

p. 127

21

E-3/97

Jan and Kristian Jæger AS, supported by Norwegian Association of Motor Car Dealers and Service Organisations v Opel Norge AS

Request for an Advisory Opinion from Nedre Romerike herredsrett, Norway

Competition – Motor vehicle distribution system – Compatibility with Article 53(1) EEA – Admission to the system – Nullity

[1998]

p. 1

22

E-4/97

The Norwegian Bankers’ Association v EFTA Surveillance Authority, supported by Kingdom of Norway

Direct Action

State Aid – Action for annulment of a decision of the EFTA Surveillance Authority – Admissibility – Exceptions under Article 59(2) EEA – Procedures

[1998] and [1999]

p. 38 and p. 1

23

E-5/97

European Navigation Inc v Star Forsikring AS, under offentlig administrasjon (under public administration)

Request for an Advisory Opinion from Høysteretts kjæremålsutvalg, Norway

Withdrawn

[1998]

p. 59

24

E-7/97

EFTA Surveillance Authority v Kingdom of Norway

Direct Action

Failure of a Contracting Party to fulfil its obligations – Safety and health protection of workers in surface and underground mineral – extracting industries – Council Directive 92/104/EEC

[1998]

p. 62

25

E-8/97

TV 1000 Sverige AB v Norwegian Government

Request for an Advisory Opinion from Oslo byrett, Norway

Council Directive 89/552/EEC – Transfrontier television broadcasting – Pornography

[1998]

p. 68

26

E-9/97

Erla María Sveinbjörnsdóttir v Government of Iceland

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur, Iceland

Council Directive 80/987/EEC – Incorrect implementation of a directive – Liability of an EFTA State

[1998]

p. 95

27

E-10/97

EFTA Surveillance Authority v Kingdom of Norway

Direct Action

Failure of a Contracting Party to fulfill its obligations – Health protection for workers exposed to vinyl chloride monomer – Council Directive 78/610/EEC

[1998]

p. 134

28

E-1/98

Norwegian Government v Astra Norge AS

Request for an Advisory Opinion from Borgarting lagmannsrett, Norway

Free movement of goods – Copyright – Disguised restriction on trade

[1998]

p. 140

29

E-2/98

Federation of Icelandic Trade (Samtök verslunarinnar – Félag íslenskra stórkaupmanna, FIS) v Government of Iceland and the Pharmaceutical Pricing Committee (Lyfjaverðsnefnd)

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur, Iceland

Pricing of pharmaceutical products – General price decrease – Price control system

[1998]

p. 172

30

E-3/98

Herbert Rainford-Towning

Request for an Advisory Opinion from Verwaltungsbeschwerdeinstanz des Fürstentums Liechtenstein

Right of establishment – Residence requirement for managing director of a company

[1998]

p. 205

31

E-4/98

Blyth Software Ltd v AlphaBit AS

Request for an Advisory Opinion from Oslo byrett, Norway

Withdrawn

[1998]

p. 239

32

E-5/98

Fagtún ehf v Byggingarnefnd Borgarholtsskóla, Government of Iceland, City of Reykjavík and Municipality of Mosfellsbær

Request for an Advisory Opinion from Hæstiréttur Íslands, Iceland

General prohibition on discrimination – Free movement of goods – Post-tender negotiations in public procurement proceedings

[1999]

p. 51

33

E-6/98 R & E-6/98

Government of Norway v EFTA Surveillance Authority

Direct Action

State aid – Suspension of operation of a measure – Action for annulment of a decision of the EFTA Surveillance Authority – General measures – Effect on trade – Aid schemes

[1998] and [1999]

p. 242 and p. 74

34

E-1/99

Storebrand Skadeforsikring AS v Veronika Finanger

Request for an Advisory Opinion from Norges Høyesterett, Norway

Motor Vehicle Insurance Directives – Driving under the influence of alcohol – Compensation for passengers

[1999]

p. 119

35

E-2/99

EFTA Surveillance Authority v Kingdom of Norway

Direct Action

Failure of a Contracting Party to fulfil its obligations - Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC

[2000-2001]

p. 1

36

E-1/00

State Debt Management Agency v Íslandsbanki-FBA hf.

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur, Iceland

Free movement of capital – State guarantees issued on financial loans – Different guarantee fees for foreign and domestic loans

[2000-2001]

p. 8

37

E-2/00

Allied Colloids and Others v Norwegian State

Request for an Advisory Opinion from Oslo byrett, Norway

Free movement of goods – Directives on dangerous substances and preparations – Joint Statements of the EEA Joint Committee

[2000-2001]

p. 35

38

E-3/00

EFTA Surveillance Authority v Kingdom of Norway

Direct Action

Failure of a Contracting Party to fulfil its obligations – Fortification of foodstuffs with iron and vitamins – Protection of public health – Precautionary principle

[2000-2001]

p. 73

39

E-4/00

Dr Johann Brändle

Request for an Advisory Opinion from Verwaltungsbeschwerdeinstanz des Fürstentums Liechtenstein

Right of establishment – Single practice rule – Justification by overriding reasons of general interest

[2000-2001]

p. 123

40

E-5/00

Dr Josef Mangold

Request for an Advisory Opinion from Verwaltungsbeschwerdeinstanz des Fürstentums Liechtenstein

Right of establishment – Single practice rule – Justification by overriding reasons of general interest

[2000-2001]

p. 163

41

E-6/00

Dr Jürgen Tschannet

Request for an Advisory Opinion from Verwaltungsbeschwerdeinstanz des Fürstentums Liechtenstein

Right of establishment – Single practice rule – Justification by overriding reasons of general interest

[2000-2001]

p. 203

42

E-7/00

Halla Helgadóttir v Daníel Hjaltason and Iceland Insurance Company Ltd

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur, Iceland

Motor Vehicle Insurance Directives – Standardised compensation system – Compensation for victims

[2000-2001]

p. 246

43

E-8/00

Landsorganisasjonen i Norge v Kommunenes Sentralforbund and Others

Request for an Advisory Opinion from Arbeidsretten, Norway

Competition rules – Collective agreements – Transfer of occupational pension scheme

[2002]

p. 114

44

E-9/00

EFTA Surveillance Authority v Norway

Direct Action

Failure of a Contracting Party to fulfil its obligations – State retail alcohol monopoly – licensed serving of alcohol beverages – discrimination

[2002]

p. 72

45

E-1/01

Hörður Einarsson v The Icelandic State

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur, Iceland

Differentiated value-added tax on books – Article 14 EEA – Competing products – Indirect protection of domestic products

[2002]

p. 1

46

E-2/01

Dr Franz Martin Pucher

Request for an Advisory Opinion from Verwaltungsbeschwerdeinstanz des Fürstentums Liechtenstein

Right of establishment – Residence requirement for at least one board member of a domiciliary company

[2002]

p. 44

47

E-3/01

Alda Viggósdóttir v Íslandspóstur hf.

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur, Iceland

Council Directive 77/187/EEC – Transfer of a State administrative entity to a State owned limited liability company

[2002]

p. 202

48

E-4/01

Karl K. Karlsson hf. v The Icelandic State

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur, Iceland

State alcohol monopoly – incompatibility with Article 16 EEA – State liability in the event of a breach of EEA law – Conditions of liability

[2002]

p. 240

49

E-5/01

EFTA Surveillance Authority v Principality of Liechtenstein

Direct Action

Failure by a Contracting Party to fulfil its obligations - Council Directive 87/344/EEC on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance

[2000-2001]

p. 287

50

E-6/01

CIBA and Others v The Norwegian State

Request for an Advisory Opinion from Oslo byrett, Norway

Rules of procedure – Admissibility – Jurisdiction of the Court – Competence of the EEA Joint Committee

[2002]

p. 281

51

E-7/01

Hegelstad and Others v Hydro Texaco AS

Request for an Advisory Opinion from Gulating lagmannsrett, Norway

Competition – Exclusive purchasing agreement – Service-station agreement – Article 53 EEA – Regulation 1984/83 – Nullity

[2002]

p. 310

52

E-8/01

Gunnar Amundsen AS and Others v Vectura AS

Request for an Advisory Opinion from Borgarting lagmannsrett, Norway

Withdrawn

[2002]

p. 236

53

E-1/02

EFTA Surveillance Authority v Norway

Direct Action

Failure of a Contracting Party to fulfil its obligations – Equal Rights Directive - Reservation of academic positions for women

[2003]

p. 1

54

E-2/02

Technologien Bau- und Wirtschaftsberatung GmbH and Bellona Foundation v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance

[2003]

p. 52

55

E-3/02

Paranova AS v Merck & Co., Inc. and Others

Request for an Advisory Opinion from Norges Høyesterett, Norway

Parallel imports – Article 7(2) of Directive 89/104/EEC – Use of coloured stripes on the parallel importer’s repackaging design – Legitimate reasons

[2003]

p. 101

56

E-1/03

EFTA Surveillance Authority v Iceland

Direct Action

Failure of a Contracting Party to fulfil its obligations – free movement of services -higher tax on intra-EEA flights than on domestic flights

[2003]

p. 143

57

E-2/03

Ákæruvaldið (The Public Prosecutor) v Ásgeir Logi Ásgeirsson, Axel Pétur Ásgeirsson and Helgi Már Reynisson

Request for an Advisory Opinion from Héraðsdómur Reykjaness, Iceland

Jurisdiction – Admissibility – Fish products – Protocol 9 to the EEA Agreement – rules of origin – Protocol 4 to the EEA Agreement – Free Trade Agreement EEC-Iceland

[2003]

p. 185

58

E-3/03

Transportbedriftenes Landsforening and Nor-Way Bussekspress AS v EFTA Surveillance Authority

Direct Action

Withdrawal of an application

[2004]

p. 1

59

E-4/03

EFTA Surveillance Authority v Norway

Direct Action

Failure of a Contracting Party to fulfil its obligations – Article 8 of Directive 98/34/EC

[2004]

p. 3

60

E-1/04

Fokus Bank ASA v

Request for an Advisory Opinion from Frostating lagmannsrett, Norway

The Norwegian State, represented by Skattedirektoratet (the Directorate of Taxes)

[2004]

p. 11

61

E-2/04

Reidar Rasmussen, Jan Rossavik, and Johan Käldman, v Total E&P Norge AS, v/styrets formann

Request for an Advisory Opinion from Gulating lagmannsrett, Norway

Transfer of undertakings - Council Directive 77/187/EEC – time of transfer – objection to transfer of employment relationship

[2004]

p. 57

62

E-3/04

Tsomakas Athanasios and Others with Odfjell ASA as an accessory intervener v The Norwegian State, represented by Rikstrygdeverket

Request for an Advisory Opinion from Gulating lagmannsrett, Norway

Freedom of movement for workers - social security for migrant workers - Title II of Regulation 1408/71 – form E 101 - Article 3 EEA

[2004]

p. 95

63

E-4/04

Pedicel AS v Sosial- og helsedirektoratet (Directorate for Health and Social Affairs

Request for an Advisory Opinion from Markedsrådet, Norway

Free movement of goods and services - prohibition against alcohol advertisement - trade in wine – Articles 8(3) and 18 EEA - “other technical barriers to trade”- advertisement of wine – restriction – protection of public health – principle of proportionality – applicability of the precautionary principle

[2005]

p. 1

64

Joined Cases E-5/04 E-6/04 and E-7/04

Fesil and Finnfjord, PIL and others and The Kingdom of Norway v EFTA Surveillance Authority

Direct Action

State aid – Exemptions from energy tax for the manufacturing and mining industries – Admissibility – Selectivity – Effect on trade and distortion of competition – Existing aid and new aid – Recovery – Legal certainty – Legitimate expectations – Proportionality

[2005]

p. 117

65

E-8/04

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Right of establishment – Residence requirement for one member of management board and one member of executive management in banks

[2005]

p. 46

66

E-9/04

The Bankers’ and Securities’ Dealers Association of Iceland v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – State guarantee for a publicly owned institution – State aid – Services of General Economic Interest – Decision not to raise objections – Initiation of the formal investigation procedure – Admissibility

[2006]

p. 42

67

E-9/04 COSTS

The Bankers’ and Securities’ Dealers Association of Iceland v EFTA Surveillance Authority

Direct Action

Taxation of costs

[2007]

p. 74

68

E-9/04 COSTS II

Bankers´and Securities´Dealers Association of Iceland v EFTA Surveillance Authority

Direct Action

Taxation of costs

[2007]

p. 220

69

E-10/04

Paolo Piazza v Paul Schurte AG

Request for an Advisory Opinion from Fürstliches Landgericht (Princely Court of Justice), Liechtenstein

Admissibility –security for costs before national courts – free movement of capital – freedom to provide services

[2005]

p. 76

70

E-1/05

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Failure of a Contracting Party to fulfil its obligations – life assurance services – freedom to provide services and right of establishment – Article 33 of Directive 2002/83/EC – justification of restriction based on general good – proportionality

[2005]

p. 234

71

E-2/05

EFTA Surveillance Authority v The Republic of Iceland

Direct Action

State aid - Failure of a Contracting Party to fulfil its obligations – Second subparagraph of Article 1(2) of Part I of Protocol 3 SCA – Validity of a decision by the EFTA Surveillance Authority – Termination of tax measures and recovery of aid - Absolute impossibility to implement a decision of the EFTA Surveillance Authority

[2005]

p. 202

72

E-3/05

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Failure of a Contracting Party to fulfil its obligations – free movement of workers – social security for migrant workers with family members residing in an EEA State other than the State of employment – regional residence requirement for family benefits – Article 73 of Regulation EEC 1408/71 – Article 7(2) of Regulation EEC 1612/68 – discrimination – justification on grounds of promoting sustainable settlement

[2006]

p. 102

73

E-4/05

HOB-vín v The Icelandic State and Áfengis- og tóbaksverslun ríkisins (the State Alcohol and Tobacco Company of Iceland)

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court), Iceland

Free movement of goods – State monopolies of a commercial character – requirements to supply goods on pallets and to include the pallet price in the price of the goods – discrimination against importers of alcoholic beverages – abuse of a dominant position

[2006]

p. 4

74

Joined Cases E-5/05 E-6/05 E-7/05 E-8/05 and E-9/05

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Failure by a Contracting Party to fulfil its obligations – Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services – Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) – Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) – Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) – Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive)

[2006]

p. 142

75

E-1/06

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

National legislation transferring the operation of gaming machines to a State-owned monopoly – restriction of freedom of establishment and freedom to provide services – justification – legitimate aims – consistency of national legislation – necessity of national legislation

[2007]

p. 8

76

E-2/06

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Conditions for concession for acquisition of hydropower resources – scope of the EEA Agreement – free movement of capital – right of establishment – indirect discrimination – public ownership – security of energy supply – environmental protection – proportionality

[2007]

p. 164

77

E-3/06

Ladbrokes Ltd. v Staten v/Kultur- og kirkedepartementet and Staten v/Landbruks- og matdepartementet

Request for an Advisory Opinion from Oslo tingrett (Oslo District Court), Norway

Right of establishment – freedom to provide services – national restrictions on gambling and betting – legitimate aims – suitability/consistency – necessity – provision and marketing of gaming services from abroad

[2007]

p. 86

78

E-4/06

KLM Royal Dutch Airlines v Staten v/ Finansdepartementet (The Norwegian State, represented by the Ministry of Finance)

Request for an Advisory Opinion from Borgarting lagmanssrett (Borgarting Court of Appeal), Norway

Withdrawn

[2007]

p. 4

79

E-5/06

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

(Failure by a Contracting Party to fulfil its obligations – Article 4(1) and (2a) of Regulation EEC 1408/71 – social security benefits and special non-contributory benefits – legal effect of Annex IIa to Regulation EEC 1408/71 listing special non-contributory benefits – Decision 1/95 of the EEA Council on the entry into force of the EEA Agreement for Liechtenstein)

[2007]

p. 296

80

E-6/06

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise

[2007]

p. 238

81

E-1/07

Criminal proceedings against A

Request for an Advisory Opinion from Fürstliches Landgericht (Princely Court of Justice), Liechtenstein

Lawyers’ freedom to provide services – Council Directive 77/249/EEC – Article 7 EEA – Protocol 35 EEA – principles of primacy and direct effect – conforming interpretation

[2007]

p. 246

82

E-2/07

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Widow’s and widower’s pension rights – Equal treatment of women and men – Article 69 EEA – Directive 79/7/EEC – Directive 86/378/EEC

[2007]

p. 280

83

E-3/07

EFTA Surveillance Authority v The Republic of Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2002/88/EC of the European Parliament and of the Council of 9 December 2002 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery

[2007]

p. 356

84

E-4/07

Jón Gunnar ­Þorkelsson v Gildi-lífeyrissjóður

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court), Iceland

Invalidity pension rights – free movement of workers – Regulation (EEC) No 1408/71 – Regulation (EEC) No 574/72

[2008]

p. 3

85

E-5/07

Private Barnehagers Landsforbund v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – Municipal kindergartens – State aid – Notion of undertaking – Decision not to raise objections – Initiation of the formal investigation procedure – Admissibility

[2008]

p. 62

86

E-6/07

HOB vín ehf. v Faxaflóahafnir sf.

Request for an Advisory Opinion from Hæstiréttur Íslands (the Supreme Court of Iceland), Iceland

Port charges – charges having equivalent effect to customs duties – internal taxation – free movement of goods

[2008]

p. 128

87

E-7/07

Seabrokers AS v The Norwegian State, represented by Skattedirektoratet (the Directorate of Taxes)

Request for an Advisory Opinion from Stavanger tingrett (Stavanger District Court), Norway

Freedom of establishment – double taxation agreement – calculation of maximum credit allowance for tax paid in another EEA State – debt interest and group contributions

[2008]

p. 172

88

E-8/07

Celina Nguyen v The Norwegian State, represented by Justis- og politidepartementet (the Ministry of Justice and the Police)

Request for an Advisory Opinion from Oslo tingrett (Oslo District Court), Norway

Compulsory insurance for civil liability in respect of motor vehicles – Directives 72/166/EEC, 84/5/EEC and 90/232/EEC – compensation for non-economic injury – conditions for State liability – sufficiently serious breach

[2008]

p. 224

89

Joined Cases E-9/07 and E-10/07

L’Oréal Norge AS (Case E-9/07 and Case E-10/07); L’Oréal SA (Case E-10/07) v Per Aarskog AS (Case E-9/07); Nille AS (Case E-9/07); Smart Club AS (Case E-10/07)

Request for an Advisory Opinion from Follo tingrett (Follo District Court) and Oslo tingrett (Oslo District Court), Norway

Exhaustion of trade mark rights

[2008]

p. 259

90

Joined Cases E-11/07 and E-1/08

Olga Rindal (Case E-11/07); Therese Slinning, represented by legal guardian Olav Slinning (Case E-1/08) v The Norwegian State, represented by the Board of Exemptions and Appeals for Treatment Abroad

Request for an Advisory Opinion from Borgarting lagmannsrett (Borgarting Court of Appeal) and Oslo tingrett (Oslo District Court), Norway

Social security – Freedom to provide services – National health insurance systems – Hospital treatment costs incurred in another EEA State – Experimental and test treatment

[2008]

p. 320

91

E-2/08

EFTA Surveillance Authority v The Republic of Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2004/26/EC relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery

[2008]

p. 301

92

E-3/08

EFTA Surveillance Authority v The Republic of Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Regulation (EC) No 648/2004 on detergents

[2008]

p. 308

93

E-4/08

Claudia Sebjanic v Christian Peters

Request for an Advisory Opinion from Fürstliches Landgericht (Princely Court of Justice), Liechtenstein

Withdrawn

[2008]

p. 299

94

E-5/08

Yannike Bergling v EFTA Surveillance Authority

Direct Action

Inadmissable

[2008]

p. 316

95

E-6/08

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2002/91/EC on the energy performance of buildings

[2009-2010]

p. 4

96

E-1/09

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Failure by a Contracting Party to fulfil its obligations – Freedom of establishment – Residence requirements

[2009-2010]

p. 46

97

E-2/09

EFTA Surveillance Authority v The Republic of Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Commission Regulation (EC) No 593/2007 on the fees and charges levied by the European Aviation Safety Agency – judgment by default

[2009-2010]

p. 12

98

E-3/09

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC

[2009-2010]

p. 20

99

E-4/09

Inconsult v the Financial Market Authority (Finanzmarktaufsicht)

Request for an Advisory Opinion from the Appeals Commission of the Financial Market Authority (Beschwerdekommission der Finanzmarktaufsicht), Liechtenstein,

Admissibility – Directive 2002/92/EC on insurance mediation – Concept of a “durable medium

[2009-2010]

p. 86

100

E-5/09

EFTA Surveillance Authority v The Republic of Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC

[2009-2010]

p. 30

101

E-6/09

Magasin- og Uke-presseforeningen v EFTA Surveillance Authority

Direct Action

Action for failure to act – State aid – Existing aid – Admissibility

[2009-2010]

p. 144

102

E-7/09

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies

[2009-2010]

p. 38

103

E-8/09

EFTA Surveillance Authority v Republic of Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC on the approximation of the laws of the Member States relating to lifts – Judgment by default

[2009-2010]

p. 180

104

E-1/10

Periscopus AS v Oslo Børs ASA and Erik Must AS

Request for an Advisory Opinion from Oslo District Court (Oslo tingrett)

Directive 2004/25/EC – Acquisition of control – Mandatory bid – Adjustment of the bid price – Clearly determined circumstances and criteria – Reference to market price

[2009-2010]

p. 198

105

E-2/10

Thor Kolbeinsson v The Icelandic State

Direct Action

Safety and health of workers – Directives 89/391/EEC and 92/57/EEC – Article 3 EEA – Employers’ and employees’ liability for work accidents – State liability

[2009-2010]

p. 234

106

E-3/10

EFTA Surveillance Authority v The Republic of Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2002/87/EC on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate

[2009-2010]

p. 188

107

E-5/10

Dr. Joachim Kottke v Präsidial Anstalt and Sweetyle Stiftung

Request for an Advisory Opinion from Fürstliches Obergericht (Princely Court of Appeal)

Security for costs before national courts – Discrimination – Article 4 EEA – Justification

[2009-2010]

p. 320

108

E-4,6,7/10

The Prinicipality of Liechtenstein, REASSUR Aktien­gesellschaft and Swisscom RE Aktiengesellschaft v EFTA Surveillance Authority

Direct Action

Action for annulment of ESA decision 97/10/COL regarding the taxation of captive insurance companies under the Liechtenstein Tax Act

[2011]

p. 16

109

E-8/10

EFTA Surveillance Authority v The Republic of Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2005/36/EC on the recognition of professional qualifications

[2009-2010]

p. 296

110

E-9/10

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2005/36/EC on the recognition of professional qualifications

[2009-2010]

p. 304

111

E-10/10

EFTA Surveillance Authority v The Republic of Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2005/36/EC on the recognition of professional qualifications

[2009-2010]

p. 312

112

E-11/10

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2006/54/EC on implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation

[2009-2010]

p. 368

113

E-12/10

EFTA Surveillance Authority v The Republic of Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 96/71/EC concerning the posting of workers in the framework of provision of services

[2011]

p. 117

114

E-13/10

Aleris Ungplan AS v Surveillance Authority

Direct Action

Refusal by ESA to commence proceedings for alleged failure of an EEA State to fulfil its obligations in the field of procurement

[2011]

p. 3

115

E-14/10

Konkurrenten.no AS v EFTA Surveillance Authority

Direct Action

Application for the annulment of ESA decision 254/10/COL of 21 June 2010, to close case without opening formal investigation procedure

[2011]

p. 266

116

E-16/10

Philip Morris Norway AS v Staten v/Helse- og omsorgsdeparte-mentet

Request for an Advisory Opinion from Oslo District Court (Oslo tingrett)

Free movement of goods – Prohibition on the visual display of tobacco products – Articles 11 and 13 EEA – Measures having equivalent effect to quantitative restrictions –Selling arrangements – Protection of public health – Proportionality

[2011]

p. 330

117

E-18/10

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Non-compliance with a judgment of the Court establishing a failure to fulfil obligations - Article 33 SCA - Measures necessary to comply with the judgment of the Court

[2011]

p. 202

118

E-1/11

Norwegian Appeal Board for Health Personnel - appeal from A

Request for an Advisory Opinion from Appeal Board for Health Personnel (Statens helsepersonellnemnd)

Free movement of persons – Directive 2005/36/EC – Recognition of professional qualifications – Protection of public health – Non-discrimination - Proportionality

[2011]

p. 484

119

E-3/11

Pálmi Sigmarsson v the Central Bank of Iceland

Request for an Advisory Opinion from Reykjavík District Court (Héraðsdómur Reykjavíkur)

Free movement of capital – Article 43 EEA – National restrictions on capital movements – Jurisdiction – Proportionality – Legal certainty

[2011]

p. 430

120

E-4/11

Arnulf Clauder

Request for an Advisory Opinion from Verwaltungsgerichtshof des Fürstentums Liechtenstein (Administrative Court of the Principality of Liechtenstein)

Directive 2004/38/EC – Family reunification – Right of residence for family members of EEA nationals holding a right of permanent residence – Condition to have sufficient resources

[2011]

p. 216

121

E-5/11

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Non-compliance with a judgment of the Court establishing a failure to fulfil obligations - Article 33 SCA - Failure by a Contracting Party to fulfil its obligations – Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency – Regulation (EC) No 1891/2006 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002

[2011]

p. 418

122

E-8/11

EFTA Surveillance Authority v The Republic of Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2002/49/EC on the assessment and management of environmental noise

[2011]

p. 467

123

E-14/10 COSTS

Konkurrenten.no AS v EFTA Surveillance Authority

Direct Action(Taxation of costs)

[2012]

p. 900

124

E-15/10

Posten Norge AS v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – Competition – Abuse of a dominant position – Market for business-to-consumer over-the-counter parcel delivery – Distribution network – Exclusivity agreements – Conduct liable to eliminate competition on the market – Justification – Duration of infringement – Fine

[2012]

p. 246

125

Joined Cases E-17/10 E-6/11

The Principality of Liechtenstein and VTM Fundmanagement v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – State aid – Special tax rules applicable to investment companies – Selectivity – Existing aid and new aid – Recovery – Legitimate expectations – Legal certainty – Obligation to state reasons

[2012]

p. 114

126

E-2/11

STX Norway Offshore AS m.fl. v Staten v/Tariffnemnda

Request for an Advisory Opinion from Borgarting lagmannsrett (Borgarting Court of Appeal)

Freedom to provide services – Directive 96/71/EC – Posting of workers – Minimum rates of pay – Maximum working hours – Remuneration for work assignments requiring overnight stay – Compensation for expenses

[2012]

p. 4

127

E-7/11

Grund, elli- og hjúkrunarheimili v Lyfjastofnun

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court)

Directive 2001/83/EC – Free movement of goods – Pharmaceuticals – Parallel import – Control reports – Protection of public health – Justification – Language requirements for labelling and package leaflets

[2012]

p. 188

128

E-9/11

Surveillance Authority v The Kingdom of Norway

Direct Action

Failure of an EEA State to fulfil obligations –Right of establishment – Free movement of capital – Ownership limitations and voting right restrictions in financial services infrastructure institutions – Proportionality – Legal certainty

[2012]

p. 442

129

Joined Cases E-10/11 and E-11/11

Hurtigruten ASA and The Kingdom of Norway v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – State aid – Maritime transport – Article 61(1) EEA – Article 59(2) EEA – Services of general economic interest – Public service compensation – Overcompensation – Principle of good administration – Legal certainty – Obligation to state reasons

[2012]

p. 758

130

E-12/11

Asker Brygge AS v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – State aid – Sale of land by public authorities – Market investor principle – Option agreement – Relevant time of assessment for considering the market value

[2012]

p. 536

131

E-13/11

Granville Establishment v Volker Anhalt, Melanie Anhalt and Jasmin Barbaro, née Anhalt

Request for an Advisory Opinion from the Fürstliches Landgericht (Princely Court of Justice)

Jurisdiction agreements – Freedom to provide and receive services – Discrimination on grounds of nationality – Justification – Remedies for non-conformity with EEA law

[2012]

p. 400

132

E-14/11

DB Schenker v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – Access to documents – Admissibility – Measures of Organization of Procedure – Reopening of oral procedure

[2012]

p. 1178

133

E-15/11

Arcade Drilling AS v Staten v/Skatt Vest

Request for an Advisory Opinion from Oslo tingrett (Oslo District Court)

Freedom of establishment – Articles 31 and 34 EEA – Taxation – Anti-avoidance principles – Proportionality

[2012]

p. 676

134

E-17/11

Aresbank SA v Landsbankinn hf., Fjármálaráðuneytið and the Icelandic State

Request for an Advisory Opinion from Hæstiréttur Íslands (Supreme Court of Iceland)

Directive 94/19/EC – Directive 2000/12/EC – Directive 2006/48/EC – Admissibility – National legislation adopting provisions of EEA law to regulate purely internal situations – Notion of deposit – Interbank loans – Mutual recognition of an authorisation for the taking up and pursuit of the business of credit institutions – Applicability of decisions of the EEA Joint Committee

[2012]

p. 916

135

E-18/11

Irish Bank Resolution Corporation Ltd v Kaupþing hf.

Request for an Advisory Opinion from

Héraðsdómur Reykjavíkur (Reykjavík District Court)

[2012]

p. 592

136

E-19/11

Vín Tríó ehf. v the Icelandic State

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court)

Free movement of goods – Admissibility – Product coverage – Articles 11 and 16 EEA - State monopolies of a commercial character – Rules concerning the existence and operation of a monopoly – Product selection rules – Refusal to sell alcoholic beverages containing stimulants such as caffeine – Discrimination between domestic and imported products – Absence of domestic production

[2012]

p. 974

137

E-1/12

Den norske Forleggerforening v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – State aid – Alleged aid granted to Nasjonal digital læringsarena (NDLA) – Decision not to open the formal investigation procedure – Notion of economic activity – Notion of doubts – Obligation to state reasons

[2012]

p. 1040

138

E-2/12

HOB-vín ehf. v Áfengis- og tóbaksverslun ríkisins

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court)

Free movement of goods – Directive 2000/13/EC – Product coverage – Labelling of foodstuffs – Misleading labelling – Lack of notification to ESA of a national measure – Justification – State liability

[2012]

p. 1092

139

E-16/11

EFTA Surveillance Authority v Iceland

Direct Action

Directive 94/19/EC on deposit-guarantee schemes – Obligation of result – Emanation of the State – Discrimination

[2013]

p. 4

140

E-3/12

Staten v/Arbeids­departementet v Stig Arne Jonsson

Request for an Advisory Opinion from Borgarting lagmannsrett (Borgarting Court of Appeal)

Regulation (EEC) No 1408/71 – Social security for migrant workers – Unemployment benefits – Residence in the territory of another EEA State – Condition of actual presence in the State of last employment for entitlement to unemployment benefits

[2013]

p. 136

141

E-10/12

Yngvi Harðarson v Askar Capital hf.

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjvik District Court)

Directive 91/533/EEC – Obligation to inform employees – Amendments to a written contract of employment – Effect of non-notification of amendments

[2013]

p. 204

142

E-12/12

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC

[2013]

p. 240

143

E-13/12

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community

[2013]

p. 248

144

E-14/12

EFTA Surveillance Authority v the Principality of Liechtenstein

Direct Action

Failure by a Contracting Party to fulfil its obligations – Freedom of establishment – Freedom to provide services – Articles 31 and 36 EEA – Obligation on temporary work agencies to deposit a guarantee – Indirect and direct discrimination – Residence requirement – Justification

[2013]

p. 256

145

E-11/12

Beatrix Koch, Lothar Hummel and Stefan Müller v Swiss Life (Liechtenstein) AG

Request for an Advisory Opinion from Fürstliche Landgericht des Fürstentums Liechtenstein (Princely Court of the Principality of Liechtenstein)

Directive 90/619/EEC – Directive 92/96/EEC – Directive 2002/83/EC – Directive 2002/92/EC – Life assurance – Unit-linked benefits – Obligation to provide fair advice – Information to be communicated to the policy holder before the contract is concluded – Principle of equivalence – Principle of effectiveness

[2013]

p. 272

146

E-7/12

DB Schenker v EFTA Surveillance Authority

Direct Action

Action for failure to act – Non-contractual liability of the EFTA Surveillance Authority – Access to documents – Legitimate expectations – Principle of good administration – Failure of the EFTA Surveillance Authority to take a decision within a self-imposed time limit

[2013]

p. 356

147

E-9/12

Iceland v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – State aid – Sale of land by public authorities – Market investor principle – State Aid Guidelines – Well-publicised bidding procedure comparable to an auction – Manifest error of assessment – Principle of sound administration – Obligation to state reasons

[2013]

p. 454

148

E-15/12

Jan Anfinn Wahl v the Icelandic State

Request for an Advisory Opinion from Hæstiréttur Íslands (the Supreme Court of Iceland)

Article 3 EEA – Article 7 EEA – Form and method of implementation of directives – Directive 2004/38/EC – Free movement of EEA nationals – Restrictions on right of entry – Procedural safeguards

[2013]

p. 534

149

E-6/12

EFTA Surveillance Authority v the Kingdom of Norway

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Regulation (EEC) No 1408/71 – Regulation (EEC) No 574/72 – Social security for migrant worker

[2013]

p. 618

150

Joined Cases E-4/12 and E-5/12

Risdal Touring AS and Konkurrenten.no AS v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – Access to documents – Admissibility – No need to adjudicate

[2013]

p. 668

151

E-2/13

Bentzen Transport AS v EFTA Surveillance Authority

Direct Action

Refusal to commence proceedings for alleged failure of an EEA State to fulfil its obligations in the field of procurement – Actionable measures – Admissibility

[2013]

p. 802

152

E-2/12 INT

HOB-vín ehf.

Direct Action

Interpretation of a judgment – Advisory Opinion – Application manifestly inadmissible

[2013]

p. 816

153

E-22/13

Íslandsbanki hf. v Gunnar V. Engilbertsson

Request for an Advisory Opinion from Hæstiréttur Íslands (the Supreme Court of Iceland)

Withdrawal of a request for an Advisory Opinion

[2013]

p. 826

154

E-9/13

EFTA Surveillance Authority v the Kingdom of Norway

Direct Action

Failure by an EEA State to fulfil its obligations – Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers

[2013]

p. 830

155

E-10/13

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle for equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)

[2013]

p. 840

156

E-11/13

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2002/92/EC of 9 December 2002 on insurance mediation

[2013]

p. 848

157

E-6/13

Metacom AG v Rechtsanwälte Zipper & Collegen

Request for an Advisory Opinion from Fürstliche Landgericht des Fürstentums Liechtenstein (Princely Court of the Principality of Liechtenstein)

Lawyers’ freedom to provide cross-border services – Directive 77/249/EEC – Self-representation – Notification requirement in national law – Consequences of failure to notify

[2013]

p. 856

158

E-13/13

EFTA Surveillance Authority v the Kingdom of Norway

Direct Action

Failure by an EEA State to fulfil its obligations –Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing

[2013]

p. 914

159

E-14/13

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Articles 31 and 40 EEA – Different taxation on domestic and cross border mergers within the EEA

[2013]

p. 924

160

E-15/13

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA State to fulfil its obligations – Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests

[2013]

p. 936

161

E-16/13

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Failure to implement - Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts

[2013]

p. 946

162

E-17/13

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2009/44/EC – Failure to implement

[2013]

p. 954

163

E-18/13

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2001/81/EC – Failure to implement

[2013]

p. 962

164

E-7/13

Creditinfo Lánstraust hf. v Register Iceland and the Icelandic State

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjvik District Court)

Directive 2003/98/EC on the re-use of public sector information – Principles governing charging – Transparency – Notion of cost – Self-financing requirements

[2013]

p. 970

165

E-1/13

Míla v EFTA Surveillance Authority

Direct Action

Action for annulment – State aid – Lease contract – Failure to initiate the formal investigation procedure – Admissibility – Legal interest – Status as interested party – Doubts or serious difficulties – Market investor principle – Tender procedure

[2014]

p. 4

166

E-12/13

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2009/111/EC – Failure to implement – Failure to notify

[2014]

p. 58

167

E-23/13

Hellenic Capital Market Commission (HCMC)

Request for an Advisory Opinion from Verwaltungsgerichtshof des Fürstentums Liechtenstein (the Administrative Court of the Principality of Liechtenstein)

Directive 2003/6/EC – Admissibility – Judicial or administrative function – Information request – Requirement in national law to set out the facts that give rise to the suspicion

[2014]

p. 88

168

E-8/12

DB Schenker v EFTA Surveillance Authority

Direct Action

Action for annulment of decisions of the EFTA Surveillance Authority – Access to documents – Admissibility

[2014]

p. 148

169

E-26/13

The Icelandic State v Atli Gunnarsson

Request for an Advisory Opinion from Hæstiréttur Íslands (Supreme Court of Iceland)

Free movement of persons – Article 28 EEA – Directive 2004/38/EC – Directive 90/365/EEC – Right of residence – Right to move from the home State – Less favourable tax treatment

[2014]

p. 254

170

E-5/13

DB Schenker v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – Access to documents – Admissibility – Measures of organization of procedure – EFTA Surveillance Authority’s Rules on access to documents 2012

[2014]

p. 304

171

Joined Cases E-3/13 and E-20/13

Fred. Olsen and Others and Petter Olsen and Others v the Norwegian State

Request for an Advisory Opinion from Skatteklagenemnda ved Sentralskattekontoret for storbedrifter (the Tax Appeals Board for the Central Tax Office for Large Enterprises) and Oslo tingrett (Oslo District Court)

Taxation of controlled foreign companies – Right of establishment – Free movement of capital – Circumvention of national law – Justification – Proportionality

[2014]

p. 400

172

E-25/13

Gunnar V. Engilbertsson v Íslandsbanki hf.

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjvík District Court)

Article 34 SCA – Appeal against a request for an Advisory Opinion – Indexation of mortgage loans – Directive 87/102/EEC – Directive 93/13/EEC – Principles of effectiveness and equivalence

[2014]

p. 524

173

E-15/10 COSTS

DB Schenker v Posten Norge AS

Direct Action

Taxation of costs – Recoverable costs – VAT

[2014]

p. 616

174

E-8/13

Abelia v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – Proper representation before the Court – State aid – Alleged aid granted to lessors of premises to public schools – Decision not to open the formal investigation procedure – Legal interest – Status as interested party – Competitive link

[2014]

p. 638

175

E-24/13

Casino Admiral AG v Wolfgang Egger

Request for an Advisory Opinion from Staatsgerichtshof des Fürstentums Liechtenstein (State Court of the Principality of Liechtenstein)

Freedom of establishment – Freedom to provide services – Obligation of transparency – Principles of equivalence and effectiveness

[2014]

p. 732

176

E-1/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Failure to implement – Directive 2006/38/EC on the charging of heavy goods vehicles for the use of certain infrastructures

[2014]

p. 802

177

E-3/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA State to fulfil its obligations – Directive 2009/12/EC on airport charges

[2014]

p. 812

178

E-4/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Failure to implement – Directive 2007/23/EC on the placing on the market of pyrotechnic articles

[2014]

p. 822

179

E-5/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA State to fulfil its obligations – Directive 2008/98/EC of the European Parliament and of the Council of 18 November 2008 on waste and repealing certain Directives

[2014]

p. 830

180

E-7/14

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Failure by an EEA State to fulfil its obligations – Freedom to provide services – Article 36 EEA – Full registration tax on leased motor vehicles temporarily imported by Norwegian residents to Norway

[2014]

p. 840

181

E-21/13

FIFA v EFTA Surveillance Authority

Direct Action

Action for annulment – Television broadcasting – Article 14 of Directive 2010/13/EU – Measures concerning events of major importance for an EEA State – FIFA World Cup – Freedom to provide services – Right to property – Statement of reasons

[2014]

p. 854

182

Joined Cases E-4/12 and E-5/12 COSTS

EFTA Surveillance Authority v Risdal Touring AS and Konkurrenten.no AS

Direct Action

Taxation of costs – Recoverable costs – VAT

[2014]

p. 934

183

E-28/13

LBI hf. v Merrill Lynch Int. Ltd.

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court)

Article 30(1) of Directive 2001/24/EC – Winding up of credit institutions – Applicable law – Voidness, voidability or unenforceability of legal acts – Acts governed by the law of another EEA State

[2014]

p. 970

184

E-2/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2005/35/EC – Failure to implement

[2014]

p. 1018

185

E-6/14

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2008/43/EC – Failure to implement

[2014]

p. 1028

186

E-8/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2009/38/EC – Failure to implement

[2014]

p. 1038

187

E-9/14

Proceedings concerning Otto Kaufmann AG

Request for an Advisory Opinion from Fürstliches Landgericht des Fürstentums Liechtenstein (Princely Court of Liechtenstein)

Admissibility – Exchange of information on convictions of legal persons – Freedom to provide services – Freedom of establishment – Directive 2004/18/EC – Directive 2006/123/EC

[2014]

p. 1048

188

E-27/13

Sævar Jón Gunnarsson v Landsbankinn hf.

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court)

Indexation of loans – Directive 87/102/EEC – Consumer credit agreements – Directive 93/13/EEC – Unfair terms – Mandatory terms

[2014]

p. 1090

189

E-4/13

DB Schenker v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – Access to documents – Admissibility – Article 38 SCA – ESA’s Rules on public access to documents 2012

[2014]

p. 1180

190

E-18/14

Wow Air ehf. v The Competition Authority, Isavia and Icelandair ehf.

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court)

Regulation (EEC) No 95/93 – Allocation of time slots at EEA airports – Intervention by competition authorities – Accelerated procedure

[2014]

p. 1304

191

E-10/14

Enes Deveci and Others v SAS Denmark, Norway, Sweden

Request for an Advisory Opinion from Eidsivating lagmanssrett (Eidsivating Court of Appeal)

Directive 2001/23/EC – Transfer of undertakings – Collective agreements – Freedom to conduct a business

[2014]

p. 1364

192

E-11/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Failure to implement – Directive 2011/7/EU on combating late payments in commercial transactions

[2015]

p. 4

193

E-12/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Directive 2009/125/EC on ecodesign requirements for energy-related products – Failure to implement

[2015]

p. 12

194

E-13/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Failure to implement – Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services

[2015]

p. 20

195

E-14/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Failure to implement – Directive 2009/48/EC on the safety of toys

[2015]

p. 30

196

E-15/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Failure to implement – Regulation (EU) No 1007/2011 on textile fibre names and related labelling and marking of the fibre composition of textile products – Commission Delegated Regulation (EU) No 286/2012

[2015]

p. 40

197

E-19/13

Konkurrenten.no AS v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – State aid – Local bus transport services – Decision not to open the formal investigation procedure – Decision following the formal investigation procedure – Admissibility – Measures of organization of procedure

[2015]

p. 52

198

E-17/14

EFTA Surveillance Authority v the Principality of Liechtenstein

Direct Action

Failure by a Contracting Party to fulfil its obligations – Freedom of establishment – Restrictions on pursuit of the profession of “Dentist” in Liechtenstein – Proportionality

[2015]

p. 164

199

E-20/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Failure to implement – Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents

[2015]

p. 192

200

E-21/14

EFTA Surveillance Authority v Iceland

Direct Action

Failure by a Contracting Party to fulfil its obligations – Failure to implement – Directive 2010/30/EU on product information of energy consumption

[2015]

p. 202

201

E-16/14

Pharmaq AS v Intervet International BV

Request for an Advisory Opinion from Oslo tingrett (Oslo District Court)

Veterinary medicinal products – Supplementary protection certificate – Regulation (EEC) No 1768/92 – Concept of “first authorisation to place a product on the market” in the European Economic Area – Active ingredient

[2015]

p. 212

202

E-19/14

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Non-compliance with a judgment of the Court establishing a failure to fulfil obligations – Article 33 SCA – Measures necessary to comply with a judgment of the Court

[2015]

p. 300

203

E-1/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Failure to implement – Commission Directive 2010/26/EU amending Directive 97/68/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery

[2015]

p. 330

204

E-2/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Failure to implement – Regulation (EU) No 185/2010 on screening of passengers by ETD and HHMD equipment

[2015]

p. 340

205

E-22/14

DB Schenker v EFTA Surveillance Authority

Direct Action

Action for discontinuance of proceedings - Costs

[2015]

p. 350

206

E-23/14

Kimek Offshore AS v EFTA Surveillance Authority

Direct Action

Action for annulment – State aid – Failure to initiate the formal investigation procedure – Admissibility – Legal interest – Status as interested party – Doubts or serious difficulties – General measures – Aid scheme

[2015]

p. 412

207

E-6/15

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Failure by an EFTA State to fulfil its obligations – Freedom to provide services –Directive 2006/123/EC on services in the internal market – Local authorisation requirement for construction works

[2015]

p. 484

208

E-12/15

EFTA Surveillance Authority v the Principality of Liechtenstein

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Failure to implement – Directive 2011/83/EU on consumer rights

[2015]

p. 502

209

E-3/15

Liechtensteinische Gesellschaft für Umweltschutz v Gemeinde Vaduz

Request for an Advisory Opinion from Staatsgerichtshof des Fürstentums Liechtenstein (State Court of the Principality of Liechtenstein)

Directive 2011/92/EU on environmental impact assessment of public and private projects – Article 11 – Right of access to a judicial review procedure – Effect of EEA law in national legal orders – Principles of equivalence and effectiveness

[2015]

p. 512

210

E-7/15

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Failure by an EFTA State to fulfil its obligations – Directive 2008/50/EC on ambient air quality and cleaner air for Europe – Limit values for certain pollutants in ambient air – Air quality plan

[2015]

p. 568

211

Joined Cases E-8/15 and E-9/15

Financial Services and Compensation Scheme Limited and De Nederlandsche Bank N.V. v The Depositors’ and Investors’ Guarantee Fund

Request for an Advisory Opinion from

Héraðsdómur Reykjavíkur (Reykjavík District Court)

[2015]

p. 586

212

E-10/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Failure to implement – Directive 2009/126/EC on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations

[2015]

p. 646

213

E-11/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Failure to implement – Directive 2011/83/EU on consumer rights

[2015]

p. 656

214

E-23/14 INT

EFTA Surveillance Authority v Kimek Offshore AS

Application for an interpretation of a judgment of the Court

Procedure – Request for interpretation – Conditions of admissibility – Inadmissibility

[2015]

p. 666

215

E-5/15

Matja Kumba T M’bye and Others v Stiftelsen Fossumkollektivet

Request for an Advisory Opinion from Eidsivating lagmannsrett (Eidsivating Court of Appeal)

Directive 2003/88/EC – Working time – Protection of the safety and health of workers – Organisation of working time – Rest periods – Maximum weekly working time – Derogations from minimum rest periods – Workers’ consent – Detriment

[2015]

p. 674

216

E-13/15

Abuelo Insua Juan Bautista v Liechtensteinische Invaliden-versicherung

Request for an Advisory Opinion from Fürstliches Obergericht (Princely Court of Appeal)

Coordination of social security systems – Article 87(2) of Regulation (EC) No 987/2009 – Binding effect of medical findings of institution of place of stay or residence – Right to challenge those findings – Principle of equal treatment

[2015]

p. 720

217

E-18/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Failure to implement – Directive 2010/65/EU on reporting formalities for ships

[2015]

p. 762

218

E-17/15

Ferskar kjötvörur ehf. v The Icelandic State

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court)

Jurisdiction – Article 8 EEA – Import of raw meat – Directive 89/662/EEC – Harmonisation of the regulatory regime for veterinary checks

[2016]

p. 2

 

219

E-20/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Failure to implement – Directive 2013/10/EU amending Directive 75/324/EEC on aerosol dispensers

[2016]

p. 79

 

220

E-21/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Failure to implement – Directive 2011/88/EU amending Directive 97/68/EC as regards the provisions for engines placed on the market under the flexibility scheme

[2016]

p. 91

 

221

E-22/15

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Failure to implement – Directive 2011/62/EU – Directive 2012/26/EU

[2016]

p. 103

 

222

E-23/15

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Failure to implement – Directive 2010/53/EU

[2016]

p. 117

 

223

E-4/15

Icelandic Financial Services Association v EFTA Surveillance Authority

Direct Action

Action for annulment of a decision of the EFTA Surveillance Authority – State aid –Admissibility – Locus standi – Status of an association

[2016]

p. 129

 

224

E-14/15

Holship Norge AS v Norsk Transportarbeiderforbund

Request for an Advisory Opinion from Norges Høyesterett (the Supreme Court of Norway)

Articles 31, 53 and 54 EEA – Competition law – Collective agreements – Collective action – Freedom of establishment

[2016]

p. 238

 

225

Joined Cases E-15/15 and E-16/15

Franz-Josef Hagedorn v Vienna-Life Lebensversicherung AG Vienna Life Insurance Group and Rainer Armbruster v Swiss Life (Liechtenstein) AG

Request for an Advisory Opinion from Fürstlicher Oberster Gerichtshof (the Supreme Court of the Principality of Liechtenstein)

Directive 2002/83/EC – Article 36 – Transfer of life assurance contracts – Admissibility – The term ‘assurance contract’ – Change in policy conditions

[2016]

p. 345

 

226

E-19/15

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Prior authorisation schemes for establishment and cross-border services – Directive 2006/123/EC – Article 31 EEA – Article 36 EEA – Justification – Proportionality

[2016]

p. 435

 

227

E-2/16

Gerhard Spitzer v EFTA Surveillance Authority

Direct Action

Preliminary objection to admissibility – Refusal to commence infringement proceedings – Directive 2002/47/EC – Challengeable measures – Time limit – Admissibility

[2016]

p. 511

 

228

E-24/15

Walter Waller v Liechtensteinische Invalidenversicherung

Request for an Advisory Opinion from Fürstliches Obergericht (Princely Court of Appeal)

Coordination of social security systems – Article 87(2) of Regulation (EC) No 987/2009 – Binding effect of medical findings

[2016]

p. 525

 

229

E-28/15

Yankuba Jabbi v The Norwegian Government, represented by the Immigration Appeals Board

Request for an Advisory Opinion from Oslo tingrett (Oslo District Court)

Directive 2004/38/EC – Right of residence – Derived rights for third country nationals

[2016]

p. 573

 

230

E-25/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EFTA State to fulfil its obligations – State aid – Article 14(3) of Part II of Protocol 3 SCA – Failure to recover unlawfully granted aid

[2016]

p. 629

 

231

E-30/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EFTA State to fulfil its obligations – Failure to implement – Directive 2011/62/EU amending Directive 2001/83/EC on the Community Code relating to medicinal products for human use

[2016]

p. 655

 

232

E-31/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EFTA State to fulfil its obligations – Failure to implement – Directive 2011/77/EU amending Directive 2006/116/EC on the term of protection of copyright and certain related rights

[2016]

p. 667

 

233

E-32/15

EFTA Surveillance Authority v The Principality of Liechtenstein

Direct Action

Failure by an EFTA State to fulfil its obligations – Failure to implement – Directive 2006/126/EC – Directive 2011/94/EU – Directive 2012/36/EU

[2016]

p. 679

 

234

E-33/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EEA/EFTA State to fulfil its obligations – Failure to implement – Directive 2012/26/EU amending Directive 2001/83/EC as regards pharmacovigilance

[2016]

p. 693

 

235

E-34/15

EFTA Surveillance Authority v Iceland

Direct Action

Failure by an EFTA State to fulfil its obligations – Failure to implement – Directive 2012/46/EU amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery

[2016]

p. 705

 

236

E-35/15

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Failure by an EFTA State to fulfil its obligations – Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues

[2016]

p. 717

 

237

Joined Cases E-26/15 and E-27/15

Criminal proceedings against B and B v Finanzmarktaufsicht

Request for an Advisory Opinion from Fürstliches Obergericht (Princely Court of Appeal of the Principality of Liechtenstein) and Beschwerdekommission der Finanzmarktaufsicht (Appeals Board of the Financial Market Authority)

Freedom to provide services – Article 36 EEA – Directive 2005/60/EC – Proportionality

[2016]

p. 738

 

238

E-29/15

Sorpa bs. v The Icelandic Competition Authority (Sam­keppniseftirlitið)

Request for an Advisory Opinion from Hæstiréttur Íslands (the Supreme Court of Iceland)

Abuse of a dominant position – Notion of undertaking – Cooperative agencies established by municipalities – Waste management – Services of general economic interest – Dissimilar conditions applied to equivalent transactions with other trading parties – Price discrimination

[2016]

p. 823

 

239

E-7/16

Míla ehf. v EFTA Surveillance Authority

Direct Action

Preliminary objection to admissibility – State aid – Decision to close formal investigation procedure

[2016]

p. 901

 

240

E-4/16

EFTA Surveillance Authority v The Kingdom of Norway

Direct Action

Non-compliance with a judgment of the Court establishing a failure to fulfil obligations – Article 33 SCA – Measures necessary to comply with a judgment of the Court

[2016]

p. 915

 

241

E-1/16

Synnøve Finden AS v The Norwegian Government, represented by the Ministry of Agriculture and Food

Request for an Advisory Opinion from Oslo tingrett (Oslo District Court)

Product coverage of the EEA Agreement – Dairy products – State aid – State resources – Effect on trade and distortion of competition – Freedom of establishment

[2016]

p. 929

 

242

E-3/16

Ski Taxi SA, Follo Taxi SA and Ski Follo Taxidrift AS v The Norwegian Government, represented by the Competition Authority

Request for an Advisory Opinion from Norges Høyesterett (the Supreme Court of Norway)

Article 53 EEA – Restriction of competition by object – Public procurement – Submission of joint bids through a joint management company

[2016]

p. 1000

 

243

E-6/16

Fjarskipti hf. v The Icelandic Post and ­Telecom Adminis­tration

Request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court)

Provision of telecommunications services – Directive 2002/21/EC – Electronic communications network – Electronic communications service – Public communications network

[2016]

p. 1082