# C_2010298EN.01001001.xml

| 4.11.2010 | EN | Official Journal of the European Union | C 298/10 |
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4.11.2010

EN

Official Journal of the European Union

C 298/10

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Action brought on 18 August 2010 by the EFTA Surveillance Authority against Iceland

(Case E-12/10)

2010/C 298/08

An action against Iceland was brought before the EFTA Court on 18 August 2010 by the EFTA Surveillance Authority, represented by Xavier Lewis and Ólafur Jóhannes Einarsson, acting as Agents of the EFTA Surveillance Authority, rue Belliard/Belliardstraat 35, 1040 Bruxelles/Brussel, BELGIQUE/BELGIË.

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

| 1. | by maintaining in force Articles 5 and 7 of Act No 45/2007 on the rights and obligations of foreign undertakings that post workers temporarily in Iceland and on their workers’ terms and conditions of employment, Iceland has failed to fulfil its obligations arising from Article 36 of the EEA Agreement and Article 3 of the Act referred to at point 30 of Annex XVIII to the EEA Agreement, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, as adapted to the EEA Agreement by Protocol 1 thereto; |
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1.

by maintaining in force Articles 5 and 7 of Act No 45/2007 on the rights and obligations of foreign undertakings that post workers temporarily in Iceland and on their workers’ terms and conditions of employment, Iceland has failed to fulfil its obligations arising from Article 36 of the EEA Agreement and Article 3 of the Act referred to at point 30 of Annex XVIII to the EEA Agreement, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, as adapted to the EEA Agreement by Protocol 1 thereto;

| 2. | the Republic of Iceland bears the costs of these proceedings. |
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2.

the Republic of Iceland bears the costs of these proceedings.

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

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

| — | the application concerns which requirements the EEA States are permitted to impose regarding the employment conditions of workers posted to their territory, |
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the application concerns which requirements the EEA States are permitted to impose regarding the employment conditions of workers posted to their territory,

| — | it is stated in the Application that Article 3 of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, read in conjunction with Article 36 EEA, only allows the imposition of the minimum requirements listed in Article 3(1)(a)-(g) of the Directive, |
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it is stated in the Application that Article 3 of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, read in conjunction with Article 36 EEA, only allows the imposition of the minimum requirements listed in Article 3(1)(a)-(g) of the Directive,

| — | the EFTA Surveillance Authority states that the disputed Articles of Act No 45/2007 (the Posting Act) impose conditions not foreseen by any of the subparagraphs of Article 3 and are consequently in breach of Article 3 and Article 36 EEA. |
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the EFTA Surveillance Authority states that the disputed Articles of Act No 45/2007 (the Posting Act) impose conditions not foreseen by any of the subparagraphs of Article 3 and are consequently in breach of Article 3 and Article 36 EEA.

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