# C_2007301EN.01001801.xml

| 13.12.2007 | EN | Official Journal of the European Union | C 301/18 |
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13.12.2007

EN

Official Journal of the European Union

C 301/18

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 26 June 2007

in Case E-2/06

EFTA Surveillance Authority v The Kingdom of Norway

(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)

(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/C 301/10)

In Case E-2/06, EFTA Surveillance Authority v The Kingdom of Norway — Application for a declaration that the Kingdom of Norway has infringed Articles 31 and 40 of the EEA Agreement by maintaining in force measures as laid down in Act No 16 of 14 December 1917 relating to acquisition of Waterfalls, Mines and Other Real Property etc. (lov 14. desember 1917 nr. 16 om erverv av vannfall, bergverk og annen fast eiendom m.v.), which grant to private undertakings and all undertakings from other Contracting Parties to the EEA Agreement a time-limited concession for the acquisition of waterfalls for energy production, with an obligation to surrender all installations to the Norwegian State without compensation at the expiry of the concession period, whereas Norwegian public undertakings benefit from concessions for an unlimited period of time, the Court, composed of Carl Baudenbacher, President, Henrik Bull, Judge, and Thorgeir Örlygsson, Judge-Rapporteur, gave judgment on 26 June 2007, the operative part of which is as follows:

lov 14. desember 1917 nr. 16 om erverv av vannfall, bergverk og annen fast eiendom m.v.

| 1. | Declares that the Kingdom of Norway has infringed Articles 31 and 40 of the EEA Agreement by maintaining in force measures as laid down in Act No 16 of 14 December 1917 relating to acquisition of Waterfalls, Mines and Other Real Property etc., which grant to private undertakings and all undertakings from other Contracting Parties to the EEA Agreement, a time-limited concession for the acquisition of waterfalls for energy production, with an obligation to surrender all installations to the Norwegian State without compensation at the expiry of the concession period, whereas Norwegian public undertakings benefit from concessions for an unlimited period of time. |
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1.

Declares that the Kingdom of Norway has infringed Articles 31 and 40 of the EEA Agreement by maintaining in force measures as laid down in Act No 16 of 14 December 1917 relating to acquisition of Waterfalls, Mines and Other Real Property etc., which grant to private undertakings and all undertakings from other Contracting Parties to the EEA Agreement, a time-limited concession for the acquisition of waterfalls for energy production, with an obligation to surrender all installations to the Norwegian State without compensation at the expiry of the concession period, whereas Norwegian public undertakings benefit from concessions for an unlimited period of time.

Declares that the Kingdom of Norway has infringed Articles 31 and 40 of the EEA Agreement by maintaining in force measures as laid down in Act No 16 of 14 December 1917 relating to acquisition of Waterfalls, Mines and Other Real Property etc., which grant to private undertakings and all undertakings from other Contracting Parties to the EEA Agreement, a time-limited concession for the acquisition of waterfalls for energy production, with an obligation to surrender all installations to the Norwegian State without compensation at the expiry of the concession period, whereas Norwegian public undertakings benefit from concessions for an unlimited period of time.

| 2. | Orders the Kingdom of Norway to pay the costs of the proceedings. |
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2.

Orders the Kingdom of Norway to pay the costs of the proceedings.

Orders the Kingdom of Norway to pay the costs of the proceedings.

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