# C_2007186EN.01006001.xml

| 9.8.2007 | EN | Official Journal of the European Union | C 186/60 |
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9.8.2007

EN

Official Journal of the European Union

C 186/60

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Action brought on 8 March 2007 by the EFTA Surveillance Authority against the Republic of Iceland

(Case E-3/07)

(2007/C 186/09)

An action against the Republic of Iceland was brought before the EFTA Court on 8 March 2007 by the EFTA Surveillance Authority, represented by Niels Fenger and Arne Torsten Andersen, acting as Agents of the EFTA Surveillance Authority, Rue Belliard 35, B-1040 Brussels.

The applicant claims that the Court should:

| 1. | declare that by failing to adopt or to notify the Authority of, the measures necessary to implement the Act referred at the second indent of point 1a of Chapter XXIV of Annex II to the Agreement on the European Area (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), as adapted to the EEA Agreement by Protocol 1 thereto, within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 2 of that Act and Article 7 EEA; and |
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1.

declare that by failing to adopt or to notify the Authority of, the measures necessary to implement the Act referred at the second indent of point 1a of Chapter XXIV of Annex II to the Agreement on the European Area (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), as adapted to the EEA Agreement by Protocol 1 thereto, within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 2 of that Act and Article 7 EEA; and

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

| 2. | order the Republic of Iceland to bear the costs of the proceedings. |
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2.

order the Republic of Iceland to bear the costs of the proceedings.

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

| — | The present case concerns the non-implementation of an environmental protection directive. |
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The present case concerns the non-implementation of an environmental protection directive.

| — | The EFTA Surveillance Authority pleads that the Government of Iceland has not provided any indication that it has implemented the directive. |
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The EFTA Surveillance Authority pleads that the Government of Iceland has not provided any indication that it has implemented the directive.

| — | The EFTA Surveillance Authority pleads that the Government of Iceland has not disputed that it has not implemented the directive. |
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The EFTA Surveillance Authority pleads that the Government of Iceland has not disputed that it has not implemented the directive.

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