24.2.2011   

EN

Official Journal of the European Union

C 58/11


Action brought on 22 December 2010 by the EFTA Surveillance Authority against Norway

(Case E-18/10)

2011/C 58/05

An action against Norway was brought before the EFTA Court on 22 December 2010 by the EFTA Surveillance Authority, represented by Xavier Lewis and Ólafur Jóhannes Einarsson, acting as Agents of the EFTA Surveillance Authority, 35, Rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to declare that:

1.

by failing to take the measures necessary to comply with the judgment of the EFTA Court in Case E-2/07 EFTA Surveillance Authority v the Kingdom of Norway, the Kingdom of Norway has failed to fulfil its obligations under Article 33 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice;

2.

the Kingdom of Norway bears the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

the application addresses the failure of Norway to comply with the judgment of the EFTA Court of 30 October 2007 in case E-2/07 in so far as it has not adopted adequate measures since the delivery of that judgment to ensure to pay correctly calculated pensions to all those who suffered as a result of Norway’s breach declared in the judgment,

the EFTA Surveillance Authority states that the Norwegian authorities have never denied or questioned the obligation to provide a remedy for those illegaly deprived of their rights from 1 January 1994 onwards as found by the EFTA Court,

the EFTA Surveillance Authority submits that it has taken Norway an excessively long time to comply with the judgment of 30 October 2007. While the settlement of some or even many indvidual cases may be complex and require careful examination, it is clear that the Norwegian authorities have not taken the requisite steps and devoted appropriate resources to ensure expeditious compliance with the judgment.