# C_2023087EN.01003901.xml

| 9.3.2023 | EN | Official Journal of the European Union | C 87/39 |
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9.3.2023

EN

Official Journal of the European Union

C 87/39

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JUDGMENT OF THE COURT

of 17 November 2022

in Case E-6/22

EFTA Surveillance Authority v Iceland

(Failure by an EFTA State to fulfil its obligations – Failure to implement – Regulation (EU) No 2016/778)

(2023/C 87/12)

In Case E-6/22, EFTA Surveillance Authority v Iceland – APPLICATION for a declaration that Iceland has failed to fulfil its obligations under Article 7 of the Agreement on the European Economic Area by failing to adopt the measures to make the Act referred to at point 19bi of Annex IX (Financial Services) to that Agreement (Commission Delegated Regulation (EU) 2016/778 of 2 February 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to the circumstances and conditions under which the payment of extraordinary ex post contributions may be partially or entirely deferred, and on the criteria for the determination of the activities, services and operations with regard to critical functions, and for the determination of the business lines and associated services with regard to core business lines (1)), as adapted by Protocol 1 to the EEA Agreement, part of its legal order, the Court, composed of Páll Hreinsson, President, Per Christiansen and Bernd Hammermann (Judge-Rapporteur), Judges, gave judgment on 17 November 2022, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that Iceland has failed to fulfil its obligations under Article 7 EEA by failing, within the time prescribed, to adopt the measures necessary to make part of its internal legal order the Act referred to at point 19bi of Annex IX to the EEA Agreement (Commission Delegated Regulation (EU) 2016/778 of 2 February 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to the circumstances and conditions under which the payment of extraordinary ex post contributions may be partially or entirely deferred, and on the criteria for the determination of the activities, services and operations with regard to critical functions, and for the determination of the business lines and associated services with regard to core business lines), as adapted by Protocol 1 to the EEA Agreement. |
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1.

Declares that Iceland has failed to fulfil its obligations under Article 7 EEA by failing, within the time prescribed, to adopt the measures necessary to make part of its internal legal order the Act referred to at point 19bi of Annex IX to the EEA Agreement (Commission Delegated Regulation (EU) 2016/778 of 2 February 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to the circumstances and conditions under which the payment of extraordinary ex post contributions may be partially or entirely deferred, and on the criteria for the determination of the activities, services and operations with regard to critical functions, and for the determination of the business lines and associated services with regard to core business lines), as adapted by Protocol 1 to the EEA Agreement.

| 2. | Orders Iceland to bear the costs of the proceedings. |
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2.

Orders Iceland to bear the costs of the proceedings.

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(1)  OJ L 131, 20.5.2016, p. 41.

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