# Official Journal C 325/2011

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2011.325.eng |
| --- | --- |
| Official Journal
  of the European Union | C 325 |
| | |
| English edition | Information and Notices | Volume 5410 November 2011 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2011.325.eng

Official Journal

of the European Union

C 325

English edition

Information and Notices

Volume 5410 November 2011

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2011/C 325/01 | List of appointments made by the Council — September and October 2011 (social field) | 1 |
| | European Commission |
| 2011/C 325/02 | Euro exchange rates | 5 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2011/C 325/01

List of appointments made by the Council — September and October 2011 (social field)

1

European Commission

2011/C 325/02

Euro exchange rates

5

| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2011/C 325/03 | Action brought on 29 August 2011 by Hurtigruten ASA against the EFTA Surveillance Authority (Case E-10/11) | 6 |
| 2011/C 325/04 | Action brought on 29 August 2011 by the Kingdom of Norway against the EFTA Surveillance Authority (Case E-11/11) | 8 |
| 2011/C 325/05 | Action brought on 13 September 2011 by Asker Brygge AS against the EFTA Surveillance Authority (Case E-12/11) | 9 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2011/C 325/03

Action brought on 29 August 2011 by Hurtigruten ASA against the EFTA Surveillance Authority (Case E-10/11)

6

2011/C 325/04

Action brought on 29 August 2011 by the Kingdom of Norway against the EFTA Surveillance Authority (Case E-11/11)

8

2011/C 325/05

Action brought on 13 September 2011 by Asker Brygge AS against the EFTA Surveillance Authority (Case E-12/11)

9

| EN | |
| --- | --- |

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 10.11.2011 | EN | Official Journal of the European Union | C 325/1 |
| --- | --- | --- | --- |

10.11.2011

EN

Official Journal of the European Union

C 325/1

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List of appointments made by the Council

September and October 2011 (social field)

2011/C 325/01

| Committee | End of term of office | Publication in OJ | Person replaced | Resignation/appointment | Member/Alternate | Category | Country | Person appointed | Affiliation | Date of Council Decision |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Advisory Committee for the Coordination of Social Security Systems | 19.10.2015 | C 290, 27.10.2010 | Ms Carin LINDQVIST-VIRTANEN | Resignation | Member | Government | Finland | Mr Pekka PAAERMAA | Ministry of Social Affairs and Health | 26.9.2011 |
| Advisory Committee on Safety and Health at Work | 28.2.2013 | L 45, 20.2.2010 | Mr Stefan HULT | Resignation | Alternate | Government | Sweden | Ms Anna BILLGREN | Ministry of Employment | 26.9.2011 |
| Advisory Committee on Safety and Health at Work | 28.2.2013 | L 45, 20.2.2010 | Ms Paula ILVESKIVI | Resignation | Alternate | Trade Union | Finland | Ms Tarja ARKIO | Confederation of Unions for Professional Managerial Staff in Finland — AKAVA | 20.9.2011 |
| Advisory Committee on Safety and Health at Work | 28.2.2013 | L 45, 20.2.2010 | Mr Ulrich RIESE | Resignation | Alternate | Government | Germany | Ms Ellen ZWINK | Bundesanstalt für Arbeitsschutz und Arbeitsmedizin — Strategie, Zusammenarbeit und internationale Angelegenheiten | 26.9.2011 |
| Advisory Committee on Safety and Health at Work | 28.2.2013 | L 45, 20.2.2010 | Mr Henning GADE | Resignation | Member | Employers | Denmark | Ms Karoline KLAKSVIG | Confederation of Danish Employers | 12.9.2011 |
| Advisory Committee on Safety and Health at Work | 28.2.2013 | L 45, 20.2.2010 | Mr Jyrki HOLLMÉN | Resignation | Member | Employers | Finland | Ms Katja LEPPÄNEN | The Confederation of Finnish Industries — EK | 10.10.2011 |
| Advisory Committee on Safety and Health at Work | 28.2.2013 | L 45, 20.2.2010 | Ms Katja LEPPÄNEN | Resignation | Alternate | Employers | Finland | Mr Jan SCHUGK | The Confederation of Finnish Industries — EK | 10.10.2011 |
| Advisory Committee on Freedom of Movement for Workers | 24.9.2012 | C 294, 29.10.2010 | Ms Mika IOANNIDOU | Resignation | Member | Employers | Greece | Ms Evangelia ARANITOU | National Confederation of Greek Commerce | 12.9.2011 |
| Advisory Committee on Freedom of Movement for Workers | 24.9.2012 | C 294, 29.10.2010 | Mr Jan KUST | Resignation | Member | Government | Czech Republic | Ms Ladislava STEINICHOVA | Ministry of Labour and Social Affairs | 10.10.2011 |
| Advisory Committee on Freedom of Movement for Workers | 24.9.2012 | C 294, 29.10.2010 | Mr Volker ROSSOCHA | Resignation | Member | Trade Union | Germany | Ms Raja NEJEDLO | Abteilung Europapolitik
  DGB-Bundesvorstand | 10.10.2011 |
| Management Board of the European Institute for Gender Equality | 31.5.2013 | C 137, 27.5.2010 | Ms Helene REARDON-BOND | Resignation | Member | Government | United Kingdom | Mr Charles RAMSDEN | Government Equalities Office | 20.9.2011 |
| Management Board of the European Institute for Gender Equality | 31.5.2013 | C 137, 27.5.2010 | Ms Celia REED | Resignation | Alternate | Government | United Kingdom | Ms Claire FIELDER | Government Equalities Office | 20.9.2011 |
| Management Board of the European Institute for Gender Equality | 31.5.2013 | C 137, 27.5.2010 | Mr Ferdi LICHER | Resignation | Alternate | Government | Netherlands | Ms Jantina WALRAVEN | Ministry of Education, Culture and Science | 20.9.2011 |
| Management Board of the European Institute for Gender Equality | 31.5.2013 | C 137, 27.5.2010 | Ms Andra Cristina CROITORU | Resignation | Alternate | Government | Romania | Ms Daniela COZMA | Ministry of Labour, Family and Social Protection | 10.10.2011 |
| Management Board of the European Institute for Gender Equality | 31.5.2013 | C 137, 27.5.2010 | Mr Florin-Marian NEGREA | Resignation | Member | Government | Romania | Ms Andra Cristina CROITORU | Ministry of Labour, Family and Social Protection | 10.10.2011 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2013 | C 322, 27.11.2010 | Mr Märt MASSO | Resignation | Member | Government | Estonia | Ms Liina MALK | Ministry of Social Affairs of Estonia | 20.9.2011 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 30.11.2013 | C 322, 27.11.2010 | Mr Santo PORTERA | Resignation | Member | Employers | Malta | Mr Martin BORG | M. Demajo Group | 10.10.2011 |
| Governing Board of the European Agency for Safety and Health at Work | 7.11.2013 | C 322, 27.11.2010 | Mr Henning GADE | Resignation | Member | Employers | Denmark | Mr Sven-Peter NYGAARD | Confederation of Danish Employers | 12.9.2011 |
| Governing Board of the European Agency for Safety and Health at Work | 7.11.2013 | C 322, 27.11.2010 | Mr Ulrich RIESE | Resignation | Member | Government | Germany | Mr Kai SCHÄFER | Bundesministerium für Arbeit und Soziales | 20.9.2011 |
| Governing Board of the European Agency for Safety and Health at Work | 7.11.2013 | C 322, 27.11.2010 | Mr Kai SCHÄFER | Resignation | Alternate | Government | Germany | Ms Ellen ZWINK | Bundesanstalt für Arbeitsschutz und Arbeitsmedizin — Strategie, Zusammenarbeit und internationale Angelegenheiten | 20.9.2011 |
| Governing Board of the European Agency for Safety and Health at Work | 7.11.2013 | C 322, 27.11.2010 | Mr Stefan HULT | Resignation | Alternate | Government | Sweden | Ms Anna BILLGREN | Ministry of Employment | 26.9.2011 |

Committee

End of term of office

Publication in OJ

Person replaced

Resignation/appointment

Member/Alternate

Category

Country

Person appointed

Affiliation

Date of Council Decision

Advisory Committee for the Coordination of Social Security Systems

19.10.2015

C 290, 27.10.2010

Ms Carin LINDQVIST-VIRTANEN

Resignation

Member

Government

Finland

Mr Pekka PAAERMAA

Ministry of Social Affairs and Health

26.9.2011

Advisory Committee on Safety and Health at Work

28.2.2013

L 45, 20.2.2010

Mr Stefan HULT

Resignation

Alternate

Government

Sweden

Ms Anna BILLGREN

Ministry of Employment

26.9.2011

Advisory Committee on Safety and Health at Work

28.2.2013

L 45, 20.2.2010

Ms Paula ILVESKIVI

Resignation

Alternate

Trade Union

Finland

Ms Tarja ARKIO

Confederation of Unions for Professional Managerial Staff in Finland — AKAVA

20.9.2011

Advisory Committee on Safety and Health at Work

28.2.2013

L 45, 20.2.2010

Mr Ulrich RIESE

Resignation

Alternate

Government

Germany

Ms Ellen ZWINK

Bundesanstalt für Arbeitsschutz und Arbeitsmedizin — Strategie, Zusammenarbeit und internationale Angelegenheiten

26.9.2011

Advisory Committee on Safety and Health at Work

28.2.2013

L 45, 20.2.2010

Mr Henning GADE

Resignation

Member

Employers

Denmark

Ms Karoline KLAKSVIG

Confederation of Danish Employers

12.9.2011

Advisory Committee on Safety and Health at Work

28.2.2013

L 45, 20.2.2010

Mr Jyrki HOLLMÉN

Resignation

Member

Employers

Finland

Ms Katja LEPPÄNEN

The Confederation of Finnish Industries — EK

10.10.2011

Advisory Committee on Safety and Health at Work

28.2.2013

L 45, 20.2.2010

Ms Katja LEPPÄNEN

Resignation

Alternate

Employers

Finland

Mr Jan SCHUGK

The Confederation of Finnish Industries — EK

10.10.2011

Advisory Committee on Freedom of Movement for Workers

24.9.2012

C 294, 29.10.2010

Ms Mika IOANNIDOU

Resignation

Member

Employers

Greece

Ms Evangelia ARANITOU

National Confederation of Greek Commerce

12.9.2011

Advisory Committee on Freedom of Movement for Workers

24.9.2012

C 294, 29.10.2010

Mr Jan KUST

Resignation

Member

Government

Czech Republic

Ms Ladislava STEINICHOVA

Ministry of Labour and Social Affairs

10.10.2011

Advisory Committee on Freedom of Movement for Workers

24.9.2012

C 294, 29.10.2010

Mr Volker ROSSOCHA

Resignation

Member

Trade Union

Germany

Ms Raja NEJEDLO

Abteilung Europapolitik

DGB-Bundesvorstand

10.10.2011

Management Board of the European Institute for Gender Equality

31.5.2013

C 137, 27.5.2010

Ms Helene REARDON-BOND

Resignation

Member

Government

United Kingdom

Mr Charles RAMSDEN

Government Equalities Office

20.9.2011

Management Board of the European Institute for Gender Equality

31.5.2013

C 137, 27.5.2010

Ms Celia REED

Resignation

Alternate

Government

United Kingdom

Ms Claire FIELDER

Government Equalities Office

20.9.2011

Management Board of the European Institute for Gender Equality

31.5.2013

C 137, 27.5.2010

Mr Ferdi LICHER

Resignation

Alternate

Government

Netherlands

Ms Jantina WALRAVEN

Ministry of Education, Culture and Science

20.9.2011

Management Board of the European Institute for Gender Equality

31.5.2013

C 137, 27.5.2010

Ms Andra Cristina CROITORU

Resignation

Alternate

Government

Romania

Ms Daniela COZMA

Ministry of Labour, Family and Social Protection

10.10.2011

Management Board of the European Institute for Gender Equality

31.5.2013

C 137, 27.5.2010

Mr Florin-Marian NEGREA

Resignation

Member

Government

Romania

Ms Andra Cristina CROITORU

Ministry of Labour, Family and Social Protection

10.10.2011

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2013

C 322, 27.11.2010

Mr Märt MASSO

Resignation

Member

Government

Estonia

Ms Liina MALK

Ministry of Social Affairs of Estonia

20.9.2011

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

30.11.2013

C 322, 27.11.2010

Mr Santo PORTERA

Resignation

Member

Employers

Malta

Mr Martin BORG

M. Demajo Group

10.10.2011

Governing Board of the European Agency for Safety and Health at Work

7.11.2013

C 322, 27.11.2010

Mr Henning GADE

Resignation

Member

Employers

Denmark

Mr Sven-Peter NYGAARD

Confederation of Danish Employers

12.9.2011

Governing Board of the European Agency for Safety and Health at Work

7.11.2013

C 322, 27.11.2010

Mr Ulrich RIESE

Resignation

Member

Government

Germany

Mr Kai SCHÄFER

Bundesministerium für Arbeit und Soziales

20.9.2011

Governing Board of the European Agency for Safety and Health at Work

7.11.2013

C 322, 27.11.2010

Mr Kai SCHÄFER

Resignation

Alternate

Government

Germany

Ms Ellen ZWINK

Bundesanstalt für Arbeitsschutz und Arbeitsmedizin — Strategie, Zusammenarbeit und internationale Angelegenheiten

20.9.2011

Governing Board of the European Agency for Safety and Health at Work

7.11.2013

C 322, 27.11.2010

Mr Stefan HULT

Resignation

Alternate

Government

Sweden

Ms Anna BILLGREN

Ministry of Employment

26.9.2011

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European Commission

| 10.11.2011 | EN | Official Journal of the European Union | C 325/5 |
| --- | --- | --- | --- |

10.11.2011

EN

Official Journal of the European Union

C 325/5

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Euro exchange rates (1)

9 November 2011

2011/C 325/02

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3633 |
| JPY | Japanese yen | 105,96 |
| DKK | Danish krone | 7,4446 |
| GBP | Pound sterling | 0,85385 |
| SEK | Swedish krona | 9,0753 |
| CHF | Swiss franc | 1,2322 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,7645 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,452 |
| HUF | Hungarian forint | 310,50 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7025 |
| PLN | Polish zloty | 4,3970 |
| RON | Romanian leu | 4,3550 |
| TRY | Turkish lira | 2,4428 |
| AUD | Australian dollar | 1,3330 |
| CAD | Canadian dollar | 1,3908 |
| HKD | Hong Kong dollar | 10,5956 |
| NZD | New Zealand dollar | 1,7341 |
| SGD | Singapore dollar | 1,7512 |
| KRW | South Korean won | 1 528,70 |
| ZAR | South African rand | 10,8870 |
| CNY | Chinese yuan renminbi | 8,6323 |
| HRK | Croatian kuna | 7,4920 |
| IDR | Indonesian rupiah | 12 145,70 |
| MYR | Malaysian ringgit | 4,2620 |
| PHP | Philippine peso | 58,797 |
| RUB | Russian rouble | 41,5620 |
| THB | Thai baht | 41,881 |
| BRL | Brazilian real | 2,3863 |
| MXN | Mexican peso | 18,4516 |
| INR | Indian rupee | 68,3900 |

Currency

Exchange rate

USD

US dollar

1,3633

JPY

Japanese yen

105,96

DKK

Danish krone

7,4446

GBP

Pound sterling

0,85385

SEK

Swedish krona

9,0753

CHF

Swiss franc

1,2322

ISK

Iceland króna

NOK

Norwegian krone

7,7645

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,452

HUF

Hungarian forint

310,50

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7025

PLN

Polish zloty

4,3970

RON

Romanian leu

4,3550

TRY

Turkish lira

2,4428

AUD

Australian dollar

1,3330

CAD

Canadian dollar

1,3908

HKD

Hong Kong dollar

10,5956

NZD

New Zealand dollar

1,7341

SGD

Singapore dollar

1,7512

KRW

South Korean won

1 528,70

ZAR

South African rand

10,8870

CNY

Chinese yuan renminbi

8,6323

HRK

Croatian kuna

7,4920

IDR

Indonesian rupiah

12 145,70

MYR

Malaysian ringgit

4,2620

PHP

Philippine peso

58,797

RUB

Russian rouble

41,5620

THB

Thai baht

41,881

BRL

Brazilian real

2,3863

MXN

Mexican peso

18,4516

INR

Indian rupee

68,3900

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(1)  Source: reference exchange rate published by the ECB.

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V Announcements

COURT PROCEEDINGS

EFTA Court

| 10.11.2011 | EN | Official Journal of the European Union | C 325/6 |
| --- | --- | --- | --- |

10.11.2011

EN

Official Journal of the European Union

C 325/6

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Action brought on 29 August 2011 by Hurtigruten ASA against the EFTA Surveillance Authority

(Case E-10/11)

2011/C 325/03

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 29 August 2011 by Hurtigruten ASA, represented by Siri Teigum, advokat, and Odd Stemsrud, advokat, Advokatfirmaet Thommessen AS, Haakon VII’s gate 10, 0116 Oslo, Norway.

The Applicant requests the EFTA Court to:

| 1. | Annul the EFTA Surveillance Authority’s Decision No 205/11/COL of 29 June 2011 on the Supplementary Agreement on the Hurtigruten Service; |
| --- | --- |

1.

Annul the EFTA Surveillance Authority’s Decision No 205/11/COL of 29 June 2011 on the Supplementary Agreement on the Hurtigruten Service;

| 2. | In the alternative, declare void Articles 2, 3 and 4 of the EFTA Surveillance Authority’s Decision No 205/11/COL of 29 June 2011, to the extent that they order the recovery of the aid referred to in Article 1 of the Decision; and |
| --- | --- |

2.

In the alternative, declare void Articles 2, 3 and 4 of the EFTA Surveillance Authority’s Decision No 205/11/COL of 29 June 2011, to the extent that they order the recovery of the aid referred to in Article 1 of the Decision; and

| 3. | Order the EFTA Surveillance Authority to bear its own costs and to pay those incurred by Hurtigruten ASA. |
| --- | --- |

3.

Order the EFTA Surveillance Authority to bear its own costs and to pay those incurred by Hurtigruten ASA.

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

| — | The Applicant, Hurtigruten ASA, is a public limited company, pursuing travel and transport activities in Norway and abroad. |
| --- | --- |

—

The Applicant, Hurtigruten ASA, is a public limited company, pursuing travel and transport activities in Norway and abroad.

| — | On 28 November 2008, the Norwegian authorities informed the EFTA Surveillance Authority of the renegotiation of the agreement between the Norwegian authorities and Hurtigruten ASA on acquisition of transport services between Bergen and Kirkenes in Norway. On 14 July 2010 the EFTA Surveillance Authority informed the Norwegian authorities that it would initiate the formal investigation procedure laid down in Article 1(2) of Part I of Protocol 3 to the Surveillance and Court Agreement in respect of the additional payments to Hurtigruten in 2008. |
| --- | --- |

—

On 28 November 2008, the Norwegian authorities informed the EFTA Surveillance Authority of the renegotiation of the agreement between the Norwegian authorities and Hurtigruten ASA on acquisition of transport services between Bergen and Kirkenes in Norway. On 14 July 2010 the EFTA Surveillance Authority informed the Norwegian authorities that it would initiate the formal investigation procedure laid down in Article 1(2) of Part I of Protocol 3 to the Surveillance and Court Agreement in respect of the additional payments to Hurtigruten in 2008.

| — | With Decision No 205/11/COL, the EFTA Surveillance Authority decided that the Supplementary Agreement constituted State aid which is incompatible with the functioning of the EEA Agreement within the meaning of Article 61(1) EEA in so far as they constitute a form of overcompensation for public service. |
| --- | --- |

—

With Decision No 205/11/COL, the EFTA Surveillance Authority decided that the Supplementary Agreement constituted State aid which is incompatible with the functioning of the EEA Agreement within the meaning of Article 61(1) EEA in so far as they constitute a form of overcompensation for public service.

| — | The Applicant claims, inter alia, that the EFTA Surveillance Authority has based the contested Decision on manifest errors of law and/or assessment:






  — | under Article 59(2) EEA relating to the Norwegian Government’s right to ensure that the performance of an undertaking entrusted with the operation of services of general economic interest is not obstructed when its continued operation is at risk, and the level of compensation which can be granted in these circumstances, |
| --- | --- | --- |

—

The Applicant claims, inter alia, that the EFTA Surveillance Authority has based the contested Decision on manifest errors of law and/or assessment:

—

under Article 59(2) EEA relating to the Norwegian Government’s right to ensure that the performance of an undertaking entrusted with the operation of services of general economic interest is not obstructed when its continued operation is at risk, and the level of compensation which can be granted in these circumstances,

| — | under Article 61(1) EEA and the Altmark framework and the subsequent enforcement of the Decision, |
| --- | --- |

—

under Article 61(1) EEA and the Altmark framework and the subsequent enforcement of the Decision,

| — | of Article 61(3) EEA and the applicability of the State Aid Guidelines for aid for rescuing and restructuring firms in difficulty, and |
| --- | --- |

—

of Article 61(3) EEA and the applicability of the State Aid Guidelines for aid for rescuing and restructuring firms in difficulty, and

| — | that the Decision must be annulled based on the failure of the EFTA Surveillance Authority to state reasons for its decision as required by Article 16 SCA, breach of the principle of good administration, breach of the duty to exercise due diligence, lack of legal basis in Protocol 3 SCA and/or breach of the principle of legal certainty. |
| --- | --- |

—

that the Decision must be annulled based on the failure of the EFTA Surveillance Authority to state reasons for its decision as required by Article 16 SCA, breach of the principle of good administration, breach of the duty to exercise due diligence, lack of legal basis in Protocol 3 SCA and/or breach of the principle of legal certainty.

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| 10.11.2011 | EN | Official Journal of the European Union | C 325/8 |
| --- | --- | --- | --- |

10.11.2011

EN

Official Journal of the European Union

C 325/8

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Action brought on 29 August 2011 by the Kingdom of Norway against the EFTA Surveillance Authority

(Case E-11/11)

2011/C 325/04

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 29 August 2011 by the Kingdom of Norway, represented by Ketil BØE MOEN, advocate, Office of the Attorney General, and Beate GABRIELSEN, adviser, Department of Legal Affairs, Ministry of Foreign Affairs, acting as agents for the Kingdom of Norway.

The applicant requests the EFTA Court to:

| 1. | annul the EFTA Surveillance Authority’s Decision No 205/11/COL of 29 June 2011; and |
| --- | --- |

1.

annul the EFTA Surveillance Authority’s Decision No 205/11/COL of 29 June 2011; and

| 2. | order the EFTA Surveillance Authority to pay the costs of the proceedings. |
| --- | --- |

2.

order the EFTA Surveillance Authority to pay the costs of the proceedings.

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

| — | The EFTA Surveillance Authority’s Decision No 205/11/COL of 29 June 2011 declared that the three measures provided for in the Supplementary Agreement, signed by Norwegian authorities and Hurtigruten in 2009, constituted State aid which is incompatible with the functioning of the EEA Agreement within the meaning of Article 61(1) of the EEA in so far as they constitute a form of overcompensation for public service. |
| --- | --- |

—

The EFTA Surveillance Authority’s Decision No 205/11/COL of 29 June 2011 declared that the three measures provided for in the Supplementary Agreement, signed by Norwegian authorities and Hurtigruten in 2009, constituted State aid which is incompatible with the functioning of the EEA Agreement within the meaning of Article 61(1) of the EEA in so far as they constitute a form of overcompensation for public service.

| — | The applicant seeks the annulment of the contested Decision. |
| --- | --- |

—

The applicant seeks the annulment of the contested Decision.

| — | The applicant claims, inter alia, that the EFTA Surveillance Authority:






  — | has committed a manifest error in law and/or of assessment in finding that the measures in question constitute State aid within the meaning of Article 61(1) of the EEA, |
| --- | --- | --- |

—

The applicant claims, inter alia, that the EFTA Surveillance Authority:

—

has committed a manifest error in law and/or of assessment in finding that the measures in question constitute State aid within the meaning of Article 61(1) of the EEA,

| — | has committed a manifest error in law and/or of assessment under Article 59(2) of the EEA, |
| --- | --- |

—

has committed a manifest error in law and/or of assessment under Article 59(2) of the EEA,

| — | breached the principle of legal certainty when adopting the contested Decision, and |
| --- | --- |

—

breached the principle of legal certainty when adopting the contested Decision, and

| — | has failed to provide an adequate statement of reasons under Article 16 of the SCA when adopting the contested Decision. |
| --- | --- |

—

has failed to provide an adequate statement of reasons under Article 16 of the SCA when adopting the contested Decision.

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| 10.11.2011 | EN | Official Journal of the European Union | C 325/9 |
| --- | --- | --- | --- |

10.11.2011

EN

Official Journal of the European Union

C 325/9

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Action brought on 13 September 2011 by Asker Brygge AS against the EFTA Surveillance Authority

(Case E-12/11)

2011/C 325/05

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 13 September 2011 by Asker Brygge AS, represented by Thomas Nordby, attorney-at-law and Espen Bakken, attorney-at-law, Arntzen de Besche Advokatfirma AS, Bygdøy allé 2, 0204 Oslo, Norway.

The applicant requests the EFTA Court to:

| 1. | declare void Articles 1 and 2 of the EFTA Surveillance Authority’s Decision No 232/11/COL; |
| --- | --- |

1.

declare void Articles 1 and 2 of the EFTA Surveillance Authority’s Decision No 232/11/COL;

| 2. | order the EFTA Surveillance Authority to pay the costs of the proceedings. |
| --- | --- |

2.

order the EFTA Surveillance Authority to pay the costs of the proceedings.

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

| — | In its Decision No 232/11/COL of 13 July 2011 on the notification of the sale of land at Nesøyveien 8, gnr. 32 bnr. 17, in the municipality of Asker, the EFTA Surveillance Authority found that the sale constitutes State aid within the meaning of Article 61(1) of the EEA Agreement and that it shall be subject to recovery. |
| --- | --- |

—

In its Decision No 232/11/COL of 13 July 2011 on the notification of the sale of land at Nesøyveien 8, gnr. 32 bnr. 17, in the municipality of Asker, the EFTA Surveillance Authority found that the sale constitutes State aid within the meaning of Article 61(1) of the EEA Agreement and that it shall be subject to recovery.

| — | The applicant seeks the annulment of the contested Decision. |
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The applicant seeks the annulment of the contested Decision.

| — | The applicant claims, inter alia, that the EFTA Surveillance Authority:






  — | has misapplied Article 61(1) of the in its assessment of whether Asker Brygge received economic advantage within the meaning of Article 61(1) of the EEA, |
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The applicant claims, inter alia, that the EFTA Surveillance Authority:

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has misapplied Article 61(1) of the in its assessment of whether Asker Brygge received economic advantage within the meaning of Article 61(1) of the EEA,

| — | has erred in its assessment of the relevant time for the basis for calculation of whether State aid was granted within the meaning of Article 61(1) of the EEA, and |
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has erred in its assessment of the relevant time for the basis for calculation of whether State aid was granted within the meaning of Article 61(1) of the EEA, and

| — | has not taken duly into account the fact that the sale is based on an option agreement. |
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has not taken duly into account the fact that the sale is based on an option agreement.

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