Judgment of the Court of 12 December 2003 in Case E-1/03 EFTA Surveillance Authority v the Republic of Iceland (Failure of a Contracting Party to fulfil its obligations — free movement of services — higher tax on intra-EEA flights than on domestic flights)
Date: 2003-12-12
Institutions: EFTA Court
Subjects: EFTA Court, Iceland, action for failure to fulfil an obligation, air freight rate, air transport, freedom to provide services

26.2.2004

EN

Official Journal of the European Union

C 51/3

EUROPEAN ECONOMIC AREA

EFTA COURT

JUDGMENT OF THE COURT

of 12 December 2003

in Case E-1/03 EFTA Surveillance Authority v the Republic of Iceland

(Failure of a Contracting Party to fulfil its obligations — free movement of services — higher tax on intra-EEA
flights than on domestic flights)

(2004/C 51/03)

In Case E-2/03, EFTA Surveillance Authority v the Republic of Iceland — Application for a declaration
that, by maintaining in force the Icelandic Act on Air Transport Infrastructure Budget and Revenues for
Aviation Affairs No 31/1987 (Lög nr. 31 frá 27. mars 1987 um flugmálaáætlun og fjáröflun til
framkvæmda í flugmálum), which subjects flights from Iceland to other EEA States to a higher tax rate
than that charged for domestic flights and flights to Greenland and the Faroe Islands, the Republic of
Iceland has failed to respect its obligations under Article 36 of the Agreement on the European Economic
Area and Article 3(1) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on Access for Community
air carriers to intra-Community air routes, the Court, composed of: Carl Baudenbacher, President, Per
Tresselt (Judge-Rapporteur) and Thorgeir Örlygsson, Judges, gave judgment of 12 December 2003, the
operative part of which is as follows:

1. Declares that by maintaining in force the Icelandic Act on Air Transport Infrastructure Budget and
Revenues for Aviation Affairs No 31/1987 (Lög nr. 31 frá 27. mars 1987 um flugmálaáætlun og
fjáröflun til framkvæmda í flugmálum), which imposes a higher tax per passenger travelling from
Iceland to other EEA States than per passenger travelling on domestic flights,
the Republic of
Iceland has failed to respect its obligations under the combined provisions of Article 36 of the
Agreement on the European Economic Area and Article 3(1) of Council Regulation (EEC) No
2408/92 of 23 July 1992 on Access for Community air carriers to intra-Community air routes.

2. Orders the Republic of Iceland to pay the costs of the proceedings.

JUDGMENT OF THE COURT

of 12 December 2003

in Case E-2/03 between Ákæruvaldið (The Public Prosecutor) and Ásgeir Logi Ásgeirsson, Axel
Pétur Ásgeirsson and Helgi Már Reynisson

(Jurisdiction — admissibility — fish products — Protocol 9 to the EEA Agreement — rules of origin — Protocol 4
to the EEA Agreement — Free Trade Agreement EEC-Iceland)

(2004/C 51/04)

In Case E-2/03, between Ákæruvaldið (The Public Prosecutor) and Ásgeir Logi Ásgeirsson, Axel Pétur
Ásgeirsson and Helgi Már Reynisson — Request to the Court by the Héraðsdómur Reykjaness (Reykjanes
District Court) on the interpretation of the rules of origin in trade in fish, as referred to in Protocols 4 and
9 to the EEA Agreement and Protocols 3 and 6 to the Free Trade Agreement between the European
Economic Community and the Republic of Iceland of 22 July 1972, the Court, composed of: Carl
Baudenbacher (Judge-Rapporteur), President, Per Tresselt and Thorgeir Örlygsson, Judges, gave judgment
of 12 December 2003, the operative part of which is as follows: