# C_2006057EN.01002401.xml

| 9.3.2006 | EN | Official Journal of the European Union | C 57/24 |
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9.3.2006

EN

Official Journal of the European Union

C 57/24

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 25 November 2005

in Case E-1/05

EFTA Surveillance Authority v The Kingdom of Norway

(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)

(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)

(2006/C 57/09)

In Case E-1/05, EFTA Surveillance Authority v the Kingdom of Norway — APPLICATION for a declaration that the Kingdom of Norway has failed to fulfil its obligations pursuant to Article 33 of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance, referred to at point 11 of Annex IX to the EEA Agreement, as adapted to the EEA Agreement by Protocol 1 thereto, the Court, composed of: Carl Baudenbacher, President, Per Tresselt and Thorgeir Örlygsson (Judge-Rapporteur), Judges, gave judgment of 25 November 2005, the operative part of which is as follows:

| 1. | Declares that, by maintaining in force Section 3(2) of the Norwegian Regulation of 21 November 1989 No 1167 on the Allocation of Costs, Losses, Income, Funds etc between Insurance Undertakings in a Concern and between Branches and Contracts of Insurance Undertakings, read with Section 10 of the Norwegian Regulation of 22 September 1995 No 827 on Insurance Services and the Establishment of a Branch of an Insurance Undertaking with Headquarters in another EEA State, the Kingdom of Norway has failed to fulfil its obligations pursuant to Article 33 of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance, referred to at point 11 of Annex IX to the EEA Agreement, as adapted to the EEA Agreement by Protocol 1 thereto. |
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1.

Declares that, by maintaining in force Section 3(2) of the Norwegian Regulation of 21 November 1989 No 1167 on the Allocation of Costs, Losses, Income, Funds etc between Insurance Undertakings in a Concern and between Branches and Contracts of Insurance Undertakings, read with Section 10 of the Norwegian Regulation of 22 September 1995 No 827 on Insurance Services and the Establishment of a Branch of an Insurance Undertaking with Headquarters in another EEA State, the Kingdom of Norway has failed to fulfil its obligations pursuant to Article 33 of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance, referred to at point 11 of Annex IX to the EEA Agreement, as adapted to the EEA Agreement by Protocol 1 thereto.

| 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.

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