Judgment of the Court of 14 July 2000 in Case E-2/00 (request for an Advisory Opinion from Oslo byrett (Oslo City Court)): Allied Colloids and Others v. The Government of Norway, represented by the Ministry of Local Government and Regional Development (Free movement of goods - directives on dangerous substances and preparations - joint statements of the EEA Joint Committee) (Pursuant to Article 27(5) of the Rules of Procedure only the English and Norwegian texts are authentic)
Date: 2000-07-15
Institutions: EFTA Court
Subjects: European Economic Area, Norway, consumer information, dangerous substance, interpretation of the law, labelling

21.12.2000

EN

Official Journal of the European Communities

C 368/11

2. If the first question is answered in the affirmative, do the Directives provide for minimum compen-

sation for a victim in that situation?

3. If the second question is answered in the affirmative, by what reference is the minimum compensation
payable to a victim in that situation to be determined and, in particular, what significance is to be given
in this context to actuarial calculations, based on different premises as regards discounting and income?

4. Does it matter in this context whether a victim is entitled to compensation form other sources?

JUDGMENT OF THE COURT

of 14 July 2000

in Case E-2/00 (request for an Advisory Opinion from Oslo byrett (Oslo City Court)): Allied
Colloids and Others v. The Government of Norway, represented by the Ministry of Local
Government and Regional Development

(Free movement of goods (cid:151) directives on dangerous substances and preparations (cid:151) joint statements of
the EEA Joint Committee)

(Pursuant to Article 27(5) of the Rules of Procedure only the English and Norwegian texts are authentic)

(2000/C 368/18)

In Case E-2/00: request to the Court pursuant to Article 34 of the Agreement between the EFTA States on
the Establishment of a Surveillance Authority and a Court of Justice by Oslo byrett (Oslo City Court), for
an Advisory Opinion in the case pending before it between Allied Colloids and Others and The
Government of Norway, represented by the Ministry of Local Government and Regional Development,
on the interpretation of the Agreement on the European Economic Area, with particular reference to the
following acts: the Act referred to in point 1 of Annex II, Chapter XV (Council Directive 67/548/EEC of 27
June 1967, on the approximation of laws, regulations and administrative provisions to the classification,
packaging and labelling of dangerous substances, as amended), the Act referred to in point 10 of Annex II,
Chapter XV (Council Directive 88/379/EEC of 7 June 1988, on the approximation of the laws, regulations
and administrative provisions of the Member States relating to the classification, packaging and labelling of
dangerous preparations, as amended), Joint Statement by the EEA Joint Committee adopted on 22 June
1995, concerning the EEA Agreement (cid:151) Annex II, Chapter XV (cid:151) regarding the review clauses in the field
of dangerous substances (1), in particular Annex II to that Joint Statement, setting up certain derogations
concerning Norway; Joint Statement by the EEA Joint Committee adopted on 26 March 1999, concerning
the EEA Agreement (cid:151) Annex II, Chapter XV (cid:151) regarding the review clauses in the field of dangerous
substances (2), in particular the Annex to that Joint Statement, setting up certain derogations concerning
Norway; the Court, composed of Th(cid:243)r VilhjÆlmsson (Judge-Rapporteur), President, Carl Baudenbacher and
Per Tresselt,
Judges; and Gunnar Selvik, Registrar, gave an Advisory Opinion on 14 July 2000, the
operative part of which is as follows:

Annex II to the Joint Statement adopted at the meeting of the EEA Joint Committee on 22 June 1995
concerning the EEA Agreement (cid:151) Annex II, Chapter XV (cid:151) regarding the review clauses in the field
of dangerous substances, must be interpreted as not giving Norway the power to require polyacry-
lamide to be labelled as carcinogenic if it contains acrylamide as a residual substance in a concen-
tration of less than 0,1 % by total volume.

The Annex to the Joint Statement adopted at the meeting of the EEA Joint Committee on 26 March
1999 concerning the EEA Agreement (cid:151) Annex II, Chapter XV (cid:151) regarding the review clauses in the
field of dangerous substances, must be interpreted as giving Norway the power to require poly-
acrylamide to be labelled as carcinogenic if it contains acrylamide as a residual substance in a
concentration of equal to or greater than 0,01 % by total volume.

(1) OJ C 6, 11.1.1996, p. 7.
(2) OJ C 185, 1.7.1999, p. 6.