CELEX: E2016P0002
Language: en
Date: 2016-02-23 00:00:00
Title: Action brought on 23 February 2016 by Dr. Gerhard Spitzer against the EFTA Surveillance Authority (Case E-2/16)

22.9.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 347/34
            
         Action brought on 23 February 2016 by Dr. Gerhard Spitzer against the EFTA Surveillance Authority
   (Case E-2/16)
   (2016/C 347/06)
   An action against the EFTA Surveillance Authority was brought before the EFTA Court on 23 February 2016 by Dr. Gerhard Spitzer, represented by Antonius Falkner, Attorney-at-law, Lettstrasse 18, FL-9490 Vaduz.
   The applicant claims that the EFTA Court should:
   
               1.
            
            
               Annul EFTA Surveillance Authority Decision 425/15/COL of 25 November 2015, and
            
         
               2.
            
            
               Order the EFTA Surveillance Authority to bear the costs of the proceedings.
            
         
      Legal and factual background and pleas in law adduced in support:
   
   
               —
            
            
               The applicant, Dr Gerhard Spitzer, is an Austrian citizen, domiciled in South Africa, which has been a customer of LLB AG, a company under majority ownership of the Principality of Liechtenstein, since the early 1990s.
            
         
               —
            
            
               The case concerns an application for annulment of a decision by the EFTA Surveillance Authority to close a case regarding a complaint against Liechtenstein concerning a failure to observe and correctly apply Directive 2002/47/EC.
            
         
               —
            
            
               The applicant claims that the EFTA Surveillance Authority was under the duty to initiate a formal investigation procedure concerning a failure by Liechtenstein to observe and correctly apply Directive 2002/47/EC, and by failing to do so, the EFTA Surveillance Authority has infringed the rights of the applicant.