# C_2008113EN.01001901.xml

| 8.5.2008 | EN | Official Journal of the European Union | C 113/19 |
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8.5.2008

EN

Official Journal of the European Union

C 113/19

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

(Case E-3/08)

(2008/C 113/16)

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 the measures necessary to make the Act referred to at point 12u of Chapter XV of Annex II to the Agreement on the European Economic Area (Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 7 EEA; and |
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1.

by failing to adopt the measures necessary to make the Act referred to at point 12u of Chapter XV of Annex II to the Agreement on the European Economic Area (Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 7 EEA; and

Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents

| 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 an EC Regulation on detergents. |
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The present case concerns an EC Regulation on detergents.

| — | Article 7 of the EEA Agreement states that:

  ‘Acts referred to or contained in the Annexes to the Agreement or in decisions of the EEA Joint Committee shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows:







  (a) | an act corresponding to an EEC Regulation shall as such be made part of the internal legal order of the Contracting Parties; |
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Article 7 of the EEA Agreement states that:

‘Acts referred to or contained in the Annexes to the Agreement or in decisions of the EEA Joint Committee shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows:

‘Acts referred to or contained in the Annexes to the Agreement or in decisions of the EEA Joint Committee shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows:

(a)

an act corresponding to an EEC Regulation shall as such be made part of the internal legal order of the Contracting Parties;

an act corresponding to an EEC Regulation shall as such be made part of the internal legal order of the Contracting Parties;

| (b) | an act corresponding to an EEC directive shall leave to the authorities of the Contracting Parties the choice of form and method of implementation.’. |
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(b)

an act corresponding to an EEC directive shall leave to the authorities of the Contracting Parties the choice of form and method of implementation.’.

an act corresponding to an EEC directive shall leave to the authorities of the Contracting Parties the choice of form and method of implementation.’.

| — | The EFTA Surveillance Authority pleads that the Government of Iceland has failed to make the Regulation part of its internal legal order within the time prescribed. |
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The EFTA Surveillance Authority pleads that the Government of Iceland has failed to make the Regulation part of its internal legal order within the time prescribed.

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