# C_2008113EN.01001801.xml

| 8.5.2008 | EN | Official Journal of the European Union | C 113/18 |
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8.5.2008

EN

Official Journal of the European Union

C 113/18

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Action brought on 21 February 2008 by the EFTA Surveillance Authority against the Republic of Iceland

(Case E-2/08)

(2008/C 113/15)

An action against the Republic of Iceland was brought before the EFTA Court on 21 February 2008 by the EFTA Surveillance Authority, represented by Niels Fenger and Florence Simonetti, acting as agents.

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

| 1. | by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 1a of Chapter XXIV of Annex II to the Agreement on the European Economic Area (Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 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 3 of that Act and Article 7 EEA; and |
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1.

by failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 1a of Chapter XXIV of Annex II to the Agreement on the European Economic Area (Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 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 3 of that Act and Article 7 EEA; and

Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 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. | the Republic of Iceland be ordered to bear the costs of the proceedings. |
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2.

the Republic of Iceland be ordered 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 into Icelandic law. |
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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 into Icelandic law.

| — | 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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