# C_2018067EN.01001101.xml

| 22.2.2018 | EN | Official Journal of the European Union | C 67/11 |
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22.2.2018

EN

Official Journal of the European Union

C 67/11

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Action brought on 21 December 2017 by the EFTA Surveillance Authority against Iceland

(Case E-12/17)

(2018/C 67/11)

An action against Iceland was brought before the EFTA Court on 21 December 2017 by the EFTA Surveillance Authority, represented by Carsten Zatschler, Catherine Howdle and Ingibjörg Ólöf Vilhjálmsdóttir, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to:

| 1. | Declare that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing to make the act referred to at point 31bbc of Annex IX to that Agreement (Commission Implementing Regulation (EU) No 448/2013 of 15 May 2013 establishing a procedure for determining the Member State of reference of a non-EU AIFM pursuant to Directive 2011/61/EU of the European Parliament and of the Council), as adapted by Protocol 1 to the EEA Agreement, part of its legal order. |
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1.

Declare that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing to make the act referred to at point 31bbc of Annex IX to that Agreement (Commission Implementing Regulation (EU) No 448/2013 of 15 May 2013 establishing a procedure for determining the Member State of reference of a non-EU AIFM pursuant to Directive 2011/61/EU of the European Parliament and of the Council), as adapted by Protocol 1 to the EEA Agreement, part of its legal order.

| 2. | Order Iceland to bear the costs of these proceedings. |
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2.

Order Iceland to bear the costs of these proceedings.

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

| — | The application addresses Iceland’s failure to comply, no later than 12 September 2017, with a reasoned opinion delivered by the EFTA Surveillance Authority on 12 July 2017 regarding that State’s failure to implement into its national legal order Commission Implementing Regulation (EU) No 448/2013 of 15 May 2013 establishing a procedure for determining the Member State of reference of a non-EU AIFM pursuant to Directive 2011/61/EU of the European Parliament and of the Council, as referred to at point 31bbc of Annex IX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto (‘the Act’). |
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The application addresses Iceland’s failure to comply, no later than 12 September 2017, with a reasoned opinion delivered by the EFTA Surveillance Authority on 12 July 2017 regarding that State’s failure to implement into its national legal order Commission Implementing Regulation (EU) No 448/2013 of 15 May 2013 establishing a procedure for determining the Member State of reference of a non-EU AIFM pursuant to Directive 2011/61/EU of the European Parliament and of the Council, as referred to at point 31bbc of Annex IX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto (‘the Act’).

| — | The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing to adopt the measures necessary to implement the Act within the time prescribed. |
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The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing to adopt the measures necessary to implement the Act within the time prescribed.

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