# C_2011374EN.01001501.xml

| 22.12.2011 | EN | Official Journal of the European Union | C 374/15 |
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22.12.2011

EN

Official Journal of the European Union

C 374/15

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JUDGMENT OF THE COURT

of 20 September 2011

in Case E-5/11

EFTA Surveillance Authority v The Kingdom of Norway

(Failure by a Contracting Party to fulfil its obligations — Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency — Regulation (EC) No 1891/2006 of the European Parliament and of the Council of 18 December 2006 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002)

2011/C 374/10

In Case E-5/11, EFTA Surveillance Authority v The Kingdom of Norway — APPLICATION for a declaration that by failing to adopt the measures necessary to make: (a) the Act referred to at point 56o of Chapter V of Annex XIII to the Agreement on the European Economic Area (Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency), as adapted to the EEA Agreement by Protocol 1 thereto; and (b) the Act referred to at point 56oa of Chapter V of Annex XIII to the Agreement on the European Economic Area (Regulation (EC) No 1891/2006 of the European Parliament and of the Council of 18 December 2006 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Kingdom of Norway failed to fulfil its obligations under Article 7 of the EEA, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 20 September 2011, the operative part of which is as follows:

The Court hereby:

| 1. | declares that, by failing to adopt the measures necessary to make: (a) the Act referred to at point 56o of Chapter V of Annex XIII to the Agreement on the European Economic Area (Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency), as adapted to the EEA Agreement by Protocol 1 thereto; and (b) the Act referred to at point 56oa of Chapter V of Annex XIII to the Agreement on the European Economic Area (Regulation (EC) No 1891/2006 of the European Parliament and of the Council of 18 December 2006 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Kingdom of Norway has failed to fulfil its obligations under Article 7 of the EEA; |
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1.

declares that, by failing to adopt the measures necessary to make: (a) the Act referred to at point 56o of Chapter V of Annex XIII to the Agreement on the European Economic Area (Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency), as adapted to the EEA Agreement by Protocol 1 thereto; and (b) the Act referred to at point 56oa of Chapter V of Annex XIII to the Agreement on the European Economic Area (Regulation (EC) No 1891/2006 of the European Parliament and of the Council of 18 December 2006 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Kingdom of Norway has failed to fulfil its obligations under Article 7 of the EEA;

| 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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