Action brought on 5 December 1996 by Paul Inge Hansen against the EFTA Surveillance Authority (Case E-7/96) (97/C 45/05)

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 5 December 1996 by Paul Inge Hansen, represented by Jan E. Strand, lawyer, Olav Trygvasonsgt. 40, N-7011 Trondheim, Norway.

The applicant claims that:

'1. The EFTA Surveillance Authority is obliged to make the following decision:

I.

(a) The employment exchange in Norway as it functions today contravenes the EEA Agreement.

(b) The Norwegian Government is obliged to make it possible for physically disabled and occupationally handicapped - if they so wish - to join the labour market as genuine job-seekers on the same lines as the able-bodied unemployed.

(c) The Norwegian Government is ordered to reduce the employment exchange monopoly.

(d) The Norwegian Government is ordered to make it possible for the Rebecca Foundation to participate in the EU's programmes for the physically and occupationally handicapped.

(e) The Norwegian Government is obliged to give the Rebecca Foundation the necessary approval

(x) to run a business activity,

(y) to run private recruitment of personnel

for people in Norway who fall within, or may fall within the provisions of the National Insurance Act:

(i) 3 - illness

(ii) 5 - rehabilitation

(iii) 8 - disability

(iv) 11 - occupational injury

or who are a part of a physically disabled and occupationally handicapped group.

(f) The Norwegian Government is obliged to ensure that the Rebecca Foundation may be established and run its activities under the same framework conditions and with the same means as the Norwegian Government.

(g) The Norwegian Government is obliged to ensure that the necessary changes in the law are made so that the Norwegian law agrees with provisions in the EEA Agreement.

II.

To ensure implementation of item I, the Norwegian Government shall be ordered to allow the following:

(a) The employment exchange in Norway to be open to the Rebecca Foundation's members with

(x) minimum 13 % of the estimated 100 000 eligible physically disabled in Norway, i.e. for 13 000 people,

(y) minimum 12 % of the estimated 100 000 eligible occupationally handicapped in Norway, i.e. for 12 000 people.

(b) The Norwegian Government shall be obliged to provide the Rebecca Foundation with adequate funds, limited to Nkr 25 000 000 - towards establishment and operation of the activity.

(c) The Norwegian Government to be ordered to pay compensation to the Rebecca Foundation and/or Paul Inge Hansen, limited to Nkr 4 000 000 - to cover loss suffered until a verdict has been reached.

(d) The Norwegian Government to be ordered to cover the plaintiff's costs in connection with the handling of the complaint by the EFTA Surveillance Authority, limited to Nkr 250 000.

2. The EFTA Surveillance Authority to pay up to Nkr 300 000 in compensation to the Foundation and/or Paul Inge Hansen.

3. The EFTA Surveillance Authority covers the plaintiff's costs for this right.`

In the alternative the applicant claims that:

'1. The EFTA Surveillance Authority is obliged to make the following decision:

(a) as under the principal claim;

(b) as under the principal claim;

(c) the Norwegian Government is ordered to end the employment exchange monopoly in Norway;

(d) as under the principal claim;

(e) the Norwegian Government is ordered to pay compensation to the Rebecca Foundation and/or Paul Inge Hansen amounting to Nkr 29 250 000;

(f) as under the principal claim, item I (g).

2. The EFTA Surveillance Authority pays Nkr 300 000 in compensation to the Rebecca Foundation and/or Paul Inge Hansen.

3. The EFTA Surveillance Authority covers the plaintiff's costs for this right.`

Also in the alternative:

'1. The Norwegian Government is judged in accordance with items I and II in the principal claim.

2. The EFTA Surveillance Authority pays Nkr 300 000 in compensation to the Rebecca Foundation and/or Paul Inge Hansen.

3. The Norwegian Government and the EFTA Surveillance Authority jointly cover the costs for this right.`

Pleas in law and main arguments adduced in support:

- On 1 January 1996 Paul Inge Hansen, a founder of the Rebecca Foundation, a Norwegian foundation supporting handicapped people in particular in relation to employment opportunities, lodged a complaint with the EFTA Surveillance Authority alleging a contravention by Norwegian authorities of Articles 53 and 54, together with Articles 58 and 59 of the EEA Agreement, through illegal business refusal by a State monopoly. The applicant submits that the EFTA Surveillance Authority has omitted to deal with his complaint.

- The applicant refers to Article 37 (3) of the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, signed on 17 May 1993. The applicant further submits, that the EFTA Surveillance Authority has omitted to put an end to the refusal to set up business.

- On 8 August 1996 the applicant called on the EFTA Surveillance Authority to act, with reference to Article 37 (2) of the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice.