Request for an Advisory Opinion from the EFTA Court by Hérasdómur Reykjavíkur (Reykjavík District Court) in the case of Halla Helgadóttir v. Daníel Hjaltason and Iceland Insurance Company Ltd (Case E-7/00)
Date: 2000-07-10
Institutions: Iceland
Subjects: incapacity for work, indemnification, interpretation of the law, physically disabled person, third-party insurance, transport accident

C 368/10

EN

Official Journal of the European Communities

21.12.2000

EUROPEAN ECONOMIC AREA

EFTA COURT

JUDGMENT OF THE COURT

of 22 June 2000

in Case E-2/99: EFTA Surveillance Authority v. The Kingdom of Norway

(Failure of a contracting party to fulfil its obligations (cid:151) Council Directive 92/51/EEC on a second
general system for the recognition of professional education and training to supplement Directive
89/48/EEC)

(2000/C 368/16)

In Case E-2/99: EFTA Surveillance Authority v. The Kingdom of Norway (cid:151) application for a declaration
that, by failing to adopt, within the time limit prescribed, the national provisions necessary to comply with
Article 10(2) of the act referred to in point 1 a of Annex VII to the Agreement on the European Economic
Area,
i.e. Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of
professional education and training to supplement Directive 89/48/EEC, as adapted by way of Protocol
1 to the EEA Agreement, with regard to the professions coming under the heading (cid:145)3. Seafaring Sector(cid:146) of
Annex C to the Directive, the Kingdom of Norway has failed to fulfil its obligations under that Directive
and Article 7 of the EEA Agreement, the Court, composed of: Th(cid:243)r VilhjÆlmsson, President, Carl Bauden-
bacher (Judge-Rapporteur) and Per Tresselt, Judges, gave a judgment of 22 June 2000, the operative part of
which is as follows:

1. Declares that, by failing to adopt, within the time limit prescribed, the national provisions necessary to
comply with Article 10(2) of Directive 92/51/EEC of 18 June 1992 on a second general system for the
recognition of professional education and training to supplement Directive 89/48/EEC, as adapted by
way of Protocol 1 to the EEA Agreement, with regard to the professions coming under the heading (cid:145)3.
Seafaring Sector(cid:146) of Annex C to the Directive, the Kingdom of Norway has failed to fulfil its obligations
under that Directive and Article 7 of the EEA Agreement.

2. Orders the Kingdom of Norway to pay the costs of the proceedings.

Request for an Advisory Opinion from the EFTA Court by HØra(cid:240)sd(cid:243)mur Reykjav(cid:237)kur (Reykjav(cid:237)k
District Court) in the case of Halla Helgad(cid:243)ttir v. Dan(cid:237)el Hjaltason and Iceland Insurance Company
Ltd

(Case E-7/00)

(2000/C 368/17)

A request has been made to the EFTA Court by HØra(cid:240)sd(cid:243)mur Reykjav(cid:237)kur (Reykjav(cid:237)k District Court), which
was received at the Court on 10 July 2000, for an Advisory Opinion in the case of Halla Helgad(cid:243)ttir v.
Dan(cid:237)el Hjaltason and Iceland Insurance Company Ltd on the following questions:

1. Is it compatible with the provisions of the Agreement on the European Economic Area, in particular
European Economic Community Council Directives on the approximation of the laws of the Member
States relating to insurance against civil liability in respect of the use of motor vehicles, 72/1667/EEC of
24 April 1972, 84/5/EEC of 30 December 1983, and 90/232/EEC of 14 May 1990, as amended, to
determine the compensation payable to victims under the third-party liability insurance of a motor
vehicle in accordance with national tort statutes providing for standardised compensation based on a
tier of non-pecuniary loss (medical disability tier), regardless of a tier of permanent disability (occupa-
tional disability tier), in cases of victims who, on the date of an accident, make use of their earning
capacity in a manner providing them with little or no earnings from employment?