ddrg/super_eurlex huggingface dataset:
Request for an Advisory Opinion from the EFTA Court by Trygderetten in the case of O v Arbeids- og velferdsdirektoratet

(Case E-13/20)

(2021/C 15/05)

A request has been made to the EFTA Court dated 9 September 2020 from Trygderetten (National Insurance Court), which was received at the Court Registry on 10 September 2020, for an Advisory Opinion in the case of O v Arbeids- og velferdsdirektoratet on the following questions:

(1) Is it compatible with the provisions of Regulation (EC) No 883/2004, including Article 5(b), for entitlement to a cash benefit in the event of unemployment to be subject to the condition that the unemployed person stay in the competent State in cases where Articles 64, 65 or 65a are not applicable?

(2) Does Article 36 of the EEA Agreement apply in the case of temporary stays in another EEA State as described in this case?

(3) Does a condition as described in question 1 constitute a restriction on the right of free movement under Article 31 or Article 36 of the EEA Agreement?

(4) If so, can the restriction be justified on the ground that: — a stay in the competent State provides the unemployed person with better incentive and opportunities for seeking and finding employment? — a stay in the competent State ensures that the unemployed person is available for the employment services, so that they (the employment services) are able to monitor whether the unemployed person fulfils the requirements for the unemployment benefit? — a stay in the competent State provides the employment services with better opportunities in assessing whether the unemployed person is being followed up in a suitable manner? — the requirement of a stay ensures the economic equilibrium of the social security scheme?

(5) If the condition can be justified, is it compatible with Articles 31 and 36 of the EEA Agreement that a person who has had a stay in another EEA State than the competent State without complying with the obligation to inform the competent institution about the stay may be ordered to repay the benefit, which was thus received unlawfully under national law? If so, is it compatible with Articles 31 and 36 of the EEA Agreement for an interest surcharge of 10 per cent to be levied on the person concerned?
Request for an Advisory Opinion from the EFTA Court by Norges Høyesterett dated 27 March 2020 in the case of The Norwegian Government v Anniken Jenny Lindberg

(Case E-3/20)

(2020/C 275/02)

A request has been made to the EFTA Court dated 27 March 2020 from Norges Høyesterett (the Supreme Court of Norway), which was received at the Court Registry on 14 April 2020, for an Advisory Opinion in the case of The Norwegian Government v Anniken Jenny Lindberg on the following questions:

Article 21 of the Professional Qualifications Directive

1. Is Article 21(1) of the Professional Qualifications Directive to be interpreted as meaning that the host State may, in each case, require the applicant to produce both the relevant ‘evidence of formal qualifications’ referred to in column 2 of point 5.3.2 of Annex V to the Directive and the specified ‘certificates’ the home State may have included in column 4 for the profession in question, or should the term ‘appropriate’ be interpreted as meaning that the host State must determine whether it is appropriate to require the specified certificates in a given case? If the term ‘appropriate’ is to be understood as requiring the host State to determine whether it is appropriate to require the specified certificates in a given case:

2. What is the legal assessment and which factors will be legally relevant in the determination of whether it is ‘appropriate’ to require listed certificates?

3. Is it of any consequence if the evidence of formal qualifications alone provides documentary evidence of training that is deemed to fulfil the minimum criteria laid down in Article 34(2) of the Directive and if the certificate that cannot be produced relates to post-graduate practice?

Rights under the Main Part of the EEA Agreement

1. Is the host State under an obligation to examine the application for recognition under Articles 28 and 31 of the EEA Agreement if an applicant with training from a member country for a profession with harmonised minimum training requirements does not fulfil the criteria for recognition under Article 21 or Article 10 of the Professional Qualifications Directive? If so:

2. What is the legal assessment and what are the legally relevant factors in the determination of whether such an applicant may derive additional rights under Article 28 or Article 31 of the EEA Agreement?

3. What importance does it have that an applicant does not have a certificate for post-graduate practice which the home State has listed in column 4 of point 5.3.2 of Annex V to the Professional Qualifications Directive, if the host State does not require post-graduate practice of applicants trained in the host State and the training completed by the applicant is deemed to be equivalent to the training offered in the host State?
Request for an Advisory Opinion from the EFTA Court by Oslo tingrett dated 14 March 2022 in the case of Stendi AS & Norlandia Care Norge AS v Oslo kommune v/ordføreren

(Case E-4/22)

(2022/C 345/04)

A request has been made to the EFTA Court, dated 14 March 2022, from Oslo tingrett (Oslo District Court), which was received at the Court Registry on 30 March 2022, for an Advisory Opinion in the case of Stendi AS & Norlandia Care Norge AS v Oslo kommune v/ordføreren, on the following questions:

On whether the procurement comes within or falls outside the concept of service:

1. Is a contract for pecuniary interest providing for the provision of long-term places in nursing homes, the procurement of which is effected under the conditions described [in the request], to be regarded as a contract relating to the provision of ‘services’ under point (9) of Article 2(1) of Directive 2014/24/EU?

On the exception in Article 32 EEA for exercise of official authority:

1. Is a public contracting authority’s ability to rely on the exception in Article 32 of the EEA Agreement, read in conjunction with Article 39, affected by whether: a) the services in question have previously been the subject-matter of public service contracts between the contracting authority and both non-profit organisations and other (not non-profit) providers? b) other public contracting authorities in the same State still opt to conclude contracts for equivalent services with both non-profit organisations and other (not non-profit) providers? c) the power to take decisions to administer coercive health care in relation to persons without legal capacity to give consent who are opposed to that health care, is not placed directly with the contracting public authority’s contractor, but rather with the health personnel working for the contractor?

2. How is the wording ‘even occasionally’ in Article 32 of the EEA Agreement, read in conjunction with Article 39, to be construed?

On the reservation for non-profit organisations:
Publication of decisions by Member States to grant or revoke operating licences pursuant to Article 13 (4) of Regulation (EEC) No 2407/92 on licensing of air carriers



Official Journal C 366 , 22/12/1994 P. 0006 - 0008



Publication of decisions by Member States to grant or revoke operating licences pursuant to Article 13 (4) of Regulation (EEC) No 2407/92 on licensing of air carriers (1) (94/C 366/05) SWEDEN Operating licences granted (2) >TABLE> >TABLE> SWEDEN Operating licences revoked (3) >TABLE> (1) OJ No L 240, 24. 8. 1992, p. 1. (2) Some of these licences have previously been published in the Official Journal of the European Communities. They are included only for the sake of completeness. This does not in any way affect their validity. (3) OJ No L 240, 24. 8. 1992, p. 1.
Services and areas covered by the award:

Local/regional passenger transport by bus, mainly in the municipalities of Ringebu, Sør-Fron and Nord-Fron, in addition to the journeys Vinstra–Lillehammer, Skåbu–Lillehammer and Vinstra–Otta. An annual provision of approximately 457 000 kilometres of public passenger transport services.

Prolongation of directly awarded contract, which can be excluded from competition according to Article 5(4) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council.
EN Official Journal of the European Union C 396/10

Amendment of Notice of the opening of bankruptcy proceedings regarding the assets of Gable Insurance AG, registration number FL-0002.161.375-6

(2017/C 396/07)

On 25 August 2017, the Princely Court of Justice (Fürstliches Landgericht) in Vaduz. Liechtenstein, issued an order amending the Notice of the opening of bankruptcy proceedings regarding the assets of Gable Insurance AG, registration number FL-0002.161.375-6 ( Official Journal of the European Union C 42, 9.2.2017, p. 5, and EEA Supplement No 9/2017, 9.2.2017, p. 3).

The original notice as issued on 17 November 2016 is amended as follows in points 3 and 4 (amendments are underlined)

‘3. All creditors of Gable Insurance AG are requested to register their claims with the trustee in bankruptcy by 1 September 2018 at the latest, stating the legal title of the claim, the class asserted for the claim (preferential claim, claim class 1–4), the exact amount of the claim and any applicable interest, and enclosing the supporting documents for the plausible demonstration of their claims. Creditors who register their claims later than the above date shall bear the costs caused by such late registration and will no longer be able to contest any claims reviewed earlier. 4. The general review hearing is scheduled for Wednesday, 12 December 2018, 9.00 a.m., in courtroom 6, at the Princely Court of Justice (Spaniagasse 1, 9490 Vaduz). All creditors are requested to bring the supporting documents for the plausible demonstration of their claims to this hearing as far as such documents have not already been enclosed with the registration of the claim.’

The court with jurisdiction in these bankruptcy proceedings is the Princely Court of Justice (Fürstliche Landgericht, Abteilung 05, Spaniagasse 1, 9490 Vaduz/Liechtenstein). The reference number for these bankruptcy proceedings is 05 K0.2016.672.

The bankruptcy administrator under Article 4 KO (Konkursordnung, Insolvency Code) is Batliner Wanger Batliner Rechtsanwälte AG (Am Schrägen Weg 2, 9490 Vaduz). All communication with the bankruptcy administrator shall be through the email address gable@bwb.li
EFTA SURVEILLANCE AUTHORITY DECISION No 190/94/COL of 30 November 1994 amending Decision No 32/94/COL establishing the status of EFTA States or regions with regard to Newcastle disease

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, and in particular Article 17 and Protocol 1 (4) (d) thereof,

Having regard to the Act referred to in point 4 of Chapter I of Annex I to the Agreement on the European Economic Area concerning the animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (Council Directive 90/539/EEC, hereinafter referrerd to as 'the Poultry Act'), and in particular Article 12 (2) thereof,

Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (e) thereof,

Whereas Norway, as stated in letters dated 3 January, 24 September and 19 October 1994, considers itself to fulfil the requirements in Article 12 (2) of the Poultry Act;

Whereas, in Norway no outbreaks of Newcastle disease have been detected and vaccination against Newcastle disease has been prohibited for more than a year;

Whereas breeding flocks have been monitored at least once a year for the presence of Newcastle disease;

Whereas the holdings contain no poultry which have been vaccinated against Newcastle disease;

Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,

HAS ADOPTED THIS DECISION:

1. The Annex to EFTA Surveillance Authority Decision No 32/94/COL is replaced by the Annex to this Decision.

2. This Decision shall enter into force on 1 December 1994.

3. This Decision is addressed to the EFTA States.

4. This Decision shall be authentic in the English language.

Done at Brussels, 30 November 1994.

For the EFTA Surveillance Authority

Pekka SÄILÄ

College Member

ANNEX

Regions which fulfil the requirements in Article 12 (2) of the Poultry Act

Finland: all regions

Sweden: all regions

Norway: all regions
Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections (95/C 274/12)

Date of adoption: 20 July 1995

EFTA State: Iceland

Aid No: 95-005

Title: Aid to shipbuilding and conversion in 1995

Objective: Contract-related production aid to shipbuilding

Legal basis:

- Government Decision of 27 January 1995

- Rules by the Ministry of Industry and Commerce of 27 June 1995, on aid to shipbuilding and conversion in 1995

Budget: Isk 40 million

Aid intensity:

- For the construction of vessels of not less than 100 GT, whose contract value does not exceed ECU 10 million, and for conversion of vessels exceeding 1 000 GT: 4,5 %

- For the construction of vessels, whose contract value exceeds ECU 10 million: no aid.

Duration: Until 31 December 1995

Conditions: Reports pursuant to Article 12 of the Act referred to in point 1b of Annex XV to the EEA
E1995C0914(01)

Publication of decisions by Member States to grant or revoke operating licences pursuant to Article 13 (4) of Regulation (EEC) No 2407/92 on licensing of air carriers



Official Journal C 239 , 14/09/1995 P. 0005 - 0005
Communication from the EFTA Surveillance Authority pursuant to Article 4 (1) (a) of the Act referred to in point 64a in Annex XIII to the EEA Agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes) Imposition of public service obligations on scheduled air services within Norway (96/C 28/04)

1. Pursuant to Article 4 (1) (a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, Norway has decided to impose public service obligations in respect of scheduled air services as of 1 August 1996, on the following routes:

- Fagernes-Oslo (Fornebu),

- Fagernes-Bergen.

2. The public service obligations are as follows:

- Minimum frequencies

- Fagernes-Oslo v.v.: two daily non-stop services Monday to Friday and one on Sundays throughout the year, except during a midsummer period of five weeks (July/August), when a minimum of one daily non-stop service Sunday through Friday applies.

- Fagernes-Bergen v.v.: one daily non-stop service five days a week (daily except Saturday and another day to be chosen by the carrier(s)), throughout the year.

- Timetables:

- During the business week (except in the said midsummer period), schedules must enable travellers from Fagernes to arrive in Oslo and Bergen before noon, and return in the afternoon or evening.

- At Oslo's Fornebu airport the following slots, currently being used on the Fagernes route, will be reserved for the service in accordance with Article 9 of Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports:

- 9.10 and 9.40 hours local time Monday through Friday,

- 17.55 and 18.30 hours local time Sunday through Friday.

- Aircraft category

- Aircraft with minimum 15 seats shall be used on the routes.

- Fares

- The basic one way fares in 1996 may not exceed Nkr 650 on the route Fagernes-Oslo and Nkr 1 150 on the route Fagernes-Bergen. A minimum 15 % reduction in the basic fare shall be offered to travellers in transfer to or from other domestic flights. For each subsequent year, these fares shall be adjusted on 1 August within the limit of the consumer price index for the 12 month period ending 15 June the same year, as published by the Central Bureau of Statistics of Norway.

- Social discounts conforming to the usual practice shall be offered.

3. Access to the routes

The access to the Fagernes-Oslo and Fagernes-Bergen routes is open to all EEA air carriers without any restrictions, as Norway does not apply the provisions of Article 3 (2) of Council Regulation (EEC) No 2408/92 for these routes (1).

4. Further information may be obtained from the Ministry of Transport and Communications, PO Box 8010 Dep., N-0030 Oslo, telephone + 47 22 24 90 90, telefax + 47 22 24 95 72, telex 21439 sdep n.

(1) 'EEA air carrier` means a Community air carrier or an air carrier with a valid operating licence granted by an EFTA State, party to the EEA Agreement, in accordance with the Act referred to in point 66b in Annex XIII to the EEA Agreement (Council Regulation (EEC) No 2407/92 on licensing of air carriers).
List of natural mineral waters recognized by Iceland



Official Journal C 090 , 20/03/1997 P. 0024 - 0024



List of natural mineral waters recognized by Iceland (97/C 90/10) In accordance with Article 1 of Council Directive 80/777/EEC of 15 July 1980, on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (1), as included in the EEA Agreement, Annex II, Chapter XII, point 26, Iceland has forwarded to the Standing Committee of the EFTA States the list of natural mineral waters recognized as such for publication in the EEA Section of and in the EEA Supplement to the Official Journal of the European Communities. The list is as follows: >TABLE> (1) OJ No L 229, 30. 8. 1980, p. 1.
E1998C1105(02)

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections



Official Journal C 337 , 05/11/1998 P. 0007 - 0007
Communication from the EFTA Surveillance Authority under Article 4.1(a) of the Act referred to in point 64a in Annex XIII of the EEA Agreement (Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes)

(1999/C 141/02)

LIFTING OF PUBLIC SERVICE OBLIGATIONS IMPOSED ON SCHEDULED AIR SERVICES IN NORWAY

1. Pursuant to Article 4.1(a) and (d) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, Norway has decided, with effect from 1 April 2000, to lift the public service obligations on scheduled regional air services published in Official Journal of the European Communities C 177 of 20 June 1996, as follows:

- the public service obligations published as (1), as far as the following routes are concerned:

- between Vardø and Vadsø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest, Hasvik, Alta and Tromsø, and vice versa,

- between Hasvik and Vadsø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Kirkenes and Alta, and vice versa,

- between Tromsø and Vadsø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg and Hammerfest, and vice versa,

- the public service obligations published as (3), as far as the following routes are concerned:

- Stokmarknes-Bodø v.v.,

- the public service obligations published as (5), as far as the following routes are concerned:

- Mo i Rana-Oslo v.v.,

- Mosjøen-Oslo v.v.,

- Sandnessjøen-Oslo v.v.,

- Brønnøysund-Oslo v.v.,

- the public service obligations published as (7), as far as the following routes are concerned:

- Ørsta-Volda-Ålesund v.v.

2. All other public service obligations published by Norway in Official Journal of the European Communities C 177 of 20 June 1996 and C 136 of 1 May 1997, are with effect from 1 April 2000 replaced by the public service obligations published in this Official Journal.

3. For further information, please contact:

Ministry of Transport and Communications PO Box 8010 Dep N - 0030 Oslo Tel. (+ 47) 22 24 82 41 , fax (+ 47) 22 24 95 72.

LIFTING OF PUBIC SERVICE OBLIGATIONS FOR SCHEDULED AIR SERVICES IN NORWAY

1. Pursuant to Article 4.1(a) and (d) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, Norway has decided, with effect from 1 August 1999, to lift the public service obligations on scheduled air services on the routes Fagernes-Oslo v.v. and Fagernes-Bergen v.v., as published in Official Journal of the European Communities C 28 of 1 February 1996.

2. For further information, please contact

Ministry of Transport and Communications PO Box 8010 Dep N - 0030 Oslo Tel. (+ 47) 22 24 82 41 , fax (+ 47) 22 24 95 72
Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court Agreement

EFTA Surveillance Authority decision not to raise objections

(2000/C 3/04)

Date of adoption: 22 September 1999

EFTA State: Norway

Aid No: 95-010

Title: Notification of a Proposal for new Regulations in the Norwegian Scheme of Regionally Differentiated Social Security Contributions ("Forslag til Stortingets vedtak om fastsetting av avgifter mv til folketrygden")

Objective: Regional transport aid within a map of assisted areas in Norway

Legal basis: Act relating to national insurance (Lov om folketrygd av 17.06.66, No. 12, §§ 23-2, 23-3 og 23-9)

Population coverage: Areas eligible for regional tranport aid cover 24 % of Norway's total population

Differentiated rates: The areas are divided into five geographical zones with differentiated social security contributions. Only in zone 1 the full rate of 14,1 % is applicable (Zone 1: 14,1 %; Zone 2: 10,6 %; Zone 3: 6,4 %; Zone 4: 5,1 %; Zone 5: 0,0 %)

Activities subject to full rate: Certain activities related to hydropower production, mining of metal ores and certain minerals, gas and oil production, shipbuilding, steel, telecommunications, financial services, and freight transport by road

Budget: Unspecified

Aid intensity: Varies according to the zone

Duration: The proposal has no explicit time limits, but is reviewed annually. The approval of the system is limited in time, not going beyond 31 December 2003

Conditions: Annual Reports. Introduction of specific rules to ensure that cumulation control measures are in place
E2001C1206(01)

Decisions by Norway to grant or revoke operating licences pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers



Official Journal C 344 , 06/12/2001 P. 0009 - 0009