# C_2009041EN.01003201.xml

| 19.2.2009 | EN | Official Journal of the European Union | C 41/32 |
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19.2.2009

EN

Official Journal of the European Union

C 41/32

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Action brought on 6 February 2009 by the EFTA Surveillance Authority against Iceland

(Case E-2/09)

(2009/C 41/10)

An action against Iceland was brought before the EFTA Court on 6 February 2009 by the EFTA Surveillance Authority, represented by Bjørnar Alterskjær and Ólafur Jóhannes Einarsson, acting as Agents of the EFTA Surveillance Authority, rue Belliard 35, B-1040 Brussels.

6 February 2009

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

| 1. | by failing to adopt the measures necessary to make the Act referred to at point 66s of Chapter VI of Annex XIII to the Agreement on the European Economic Area (Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation Safety Agency), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 7 EEA;

  and |
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1.

by failing to adopt the measures necessary to make the Act referred to at point 66s of Chapter VI of Annex XIII to the Agreement on the European Economic Area (Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation Safety Agency), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 7 EEA;

by failing to adopt the measures necessary to make the Act referred to at point 66s of Chapter VI of Annex XIII to the Agreement on the European Economic Area (Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation Safety Agency), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 7 EEA;

and

| 2. | the Republic of Iceland be ordered to bear the costs of these proceedings. |
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2.

the Republic of Iceland be ordered to bear the costs of these proceedings.

the Republic of Iceland be ordered to bear the costs of these proceedings.

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

| — | the present case concerns an EC regulation on the fees and charges levied by the European Aviation Safety Agency, |
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the present case concerns an EC regulation on the fees and charges levied by the European Aviation Safety Agency,

| — | Article 7 of the EEA Agreement states that:

  ‘Acts referred to or contained in the Annexes to the Agreement or in decisions of the EEA Joint Committee shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows:







  (a) | an act corresponding to an EEC regulation shall as such be made part of the internal legal order of the Contracting Parties; |
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Article 7 of the EEA Agreement states that:

‘Acts referred to or contained in the Annexes to the Agreement or in decisions of the EEA Joint Committee shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows:

‘Acts referred to or contained in the Annexes to the Agreement or in decisions of the EEA Joint Committee shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows:

(a)

an act corresponding to an EEC regulation shall as such be made part of the internal legal order of the Contracting Parties;

an act corresponding to an EEC regulation shall as such be made part of the internal legal order of the Contracting Parties;

| (b) | an act corresponding to an EEC directive shall leave to the authorities of the Contracting Parties the choice of form and method of implementation.’, |
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(b)

an act corresponding to an EEC directive shall leave to the authorities of the Contracting Parties the choice of form and method of implementation.’,

an act corresponding to an EEC directive shall leave to the authorities of the Contracting Parties the choice of form and method of implementation.’,

| — | the EFTA Surveillance Authority pleads that the Government of Iceland has failed to make the regulation part of its internal legal order within the time prescribed. |
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the EFTA Surveillance Authority pleads that the Government of Iceland has failed to make the regulation part of its internal legal order within the time prescribed.

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