# C_2010305EN.01001501.xml

| 11.11.2010 | EN | Official Journal of the European Union | C 305/15 |
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11.11.2010

EN

Official Journal of the European Union

C 305/15

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JUDGMENT OF THE COURT

of 6 January 2010

in Case E-1/09

EFTA Surveillance Authority v the Principality of Liechtenstein

(Failure by a Contracting Party to fulfil its obligations — Freedom of establishment — Residence requirements)

(Failure by a Contracting Party to fulfil its obligations — Freedom of establishment — Residence requirements)

2010/C 305/08

In Case E-1/09, EFTA Surveillance Authority v the Principality of Liechtenstein — APPLICATION for a declaration that by requiring the members of the management board and of the executive management of banks established in Liechtenstein to be, by reason of their residence, in a position to actually and unobjectionably perform their functions and duties, the Principality of Liechtenstein has failed to fulfil its obligations under the EEA Agreement, in particular Articles 28 and 31 thereof; and that by requiring lawyers, patent lawyers, auditors and trustees to be, by reason of their residence, in a position to fulfil their tasks, actually and on a regular basis, the Principality of Liechtenstein has failed to fulfil its obligations under the EEA Agreement, in particular Article 31 thereof, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson and Henrik Bull (Judge-Rapporteur) Judges, gave judgment on 6 January 2010, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that, by requiring the members of the management board and of the executive management of banks established in Liechtenstein to be, by reason of their residence, in a position to actually and unobjectionably perform their functions and duties, the Principality of Liechtenstein has failed to fulfil its obligations under Article 31 of the EEA Agreement. |
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1.

Declares that, by requiring the members of the management board and of the executive management of banks established in Liechtenstein to be, by reason of their residence, in a position to actually and unobjectionably perform their functions and duties, the Principality of Liechtenstein has failed to fulfil its obligations under Article 31 of the EEA Agreement.

| 2. | Declares that, by requiring lawyers, patent lawyers, auditors and trustees to be, by reason of their residence, in a position to fulfil their tasks actually and on a regular basis, the Principality of Liechtenstein has failed to fulfil its obligations under Article 31 of the EEA Agreement. |
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2.

Declares that, by requiring lawyers, patent lawyers, auditors and trustees to be, by reason of their residence, in a position to fulfil their tasks actually and on a regular basis, the Principality of Liechtenstein has failed to fulfil its obligations under Article 31 of the EEA Agreement.

| 3. | Dismisses the application insofar as it relates to Article 28 of the EEA Agreement. |
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3.

Dismisses the application insofar as it relates to Article 28 of the EEA Agreement.

| 4. | Orders the Principality of Liechtenstein to bear the costs of the proceedings. |
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4.

Orders the Principality of Liechtenstein to bear the costs of the proceedings.

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