# C_2014088EN.01001101.xml

| 27.3.2014 | EN | Official Journal of the European Union | C 88/11 |
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27.3.2014

EN

Official Journal of the European Union

C 88/11

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 15 November 2013

in Case E-9/13

EFTA Surveillance Authority v the Kingdom of Norway

(Failure by an EEA State to fulfil its obligations — Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers)

2014/C 88/08

In Case E-9/13, EFTA Surveillance Authority v the Kingdom of Norway — APPLICATION for a declaration that by failing to adopt or to notify the EFTA Surveillance Authority forthwith of all the measures necessary to implement the Act referred to at point 16a of Chapter II of Annex XIII to the Agreement on the European Economic Area (Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed (both except for paragraph 3 of Annex II to the Directive on roadworthiness certificates which is only to be implemented by 31 December 2013), the Kingdom of Norway has failed to fulfil its obligations under the Act and under Article 7 of the Agreement, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 15 November 2013, the operative part of which is as follows:

The Court hereby:

| 1. | declares that by failing to adopt all the measures necessary to implement the Act referred to at point 16a of Chapter II of Annex XIII to the Agreement on the European Economic Area (Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers), as adapted by the Agreement by way of Protocol 1 thereto, within the time prescribed (both except for paragraph 3 of Annex II to the Directive on roadworthiness certificates which is only to be implemented by 31 December 2013), the Kingdom of Norway has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement; |
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1.

declares that by failing to adopt all the measures necessary to implement the Act referred to at point 16a of Chapter II of Annex XIII to the Agreement on the European Economic Area (Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers), as adapted by the Agreement by way of Protocol 1 thereto, within the time prescribed (both except for paragraph 3 of Annex II to the Directive on roadworthiness certificates which is only to be implemented by 31 December 2013), the Kingdom of Norway has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement;

| 2. | orders the Kingdom of Norway to bear the costs of the proceedings. |
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2.

orders the Kingdom of Norway to bear the costs of the proceedings.

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