# C_2013372EN.01001701.xml

| 19.12.2013 | EN | Official Journal of the European Union | C 372/17 |
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19.12.2013

EN

Official Journal of the European Union

C 372/17

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JUDGMENT OF THE COURT

of 11 September 2013

in Case E-6/12

EFTA Surveillance Authority v Kingdom of Norway

v

(Failure by an EEA/EFTA State to fulfil its obligations — Regulation (EEC) No 1408/71 — Regulation (EEC) No 574/72 — Social security for migrant workers)

(2013/C 372/06)

In Case E-6/12, EFTA Surveillance Authority v Kingdom of Norway — APPLICATION for a declaration that, by maintaining in force the administrative practice of not assessing whether a child, living together with another parent outside Norway, is mainly dependent on the parent who is living in Norway and separated from the other parent, the Kingdom of Norway is in breach of Article 1(f)(i), second sentence, in conjunction with Article 76 of the Act referred to at point 1 of Annex VI to the Agreement on the European Economic Area (Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended), as adapted to the EEA Agreement by Protocol 1 thereto, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 11 September 2013, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that, by maintaining in force the administrative practice under the Child Benefits Act of not assessing whether a child, living together with another parent outside Norway, is mainly dependent on the parent who is living in Norway and separated from the other parent, the Kingdom of Norway is in breach of Article 1(f)(i), second sentence, of the Act referred to at point 1 of Annex VI to the Agreement on the European Economic Area (Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended), as adapted to the EEA Agreement by Protocol 1 thereto; |
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1.

Declares that, by maintaining in force the administrative practice under the Child Benefits Act of not assessing whether a child, living together with another parent outside Norway, is mainly dependent on the parent who is living in Norway and separated from the other parent, the Kingdom of Norway is in breach of Article 1(f)(i), second sentence, of the Act referred to at point 1 of Annex VI to the Agreement on the European Economic Area (Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended), as adapted to the EEA Agreement by Protocol 1 thereto;

| 2. | Dismisses the application as to the remainder; and, |
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2.

Dismisses the application as to the remainder; and,

| 3. | Orders each party to bear its own costs. |
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3.

Orders each party to bear its own costs.

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