CELEX: E2003P0004
Language: en
Date: 2003-12-19 00:00:00
Title: Action brought on 19 December 2003 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-4/03)

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E2003P0004

Action brought on 19 December 2003 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-4/03)  

Official Journal C 051 , 26/02/2004 P. 0004 - 0004

Action brought on 19 December 2003 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-4/03)(2004/C 51/05)An action against the Kingdom of Norway was brought before the EFTA Court on 19 December 2003 by the EFTA Surveillance Authority, represented by Niels Fenger, Director and Arne Torsten Andersen, Officer, Legal and Executive Affairs Directorate, acting as Agents of the EFTA Surveillance Authority, 74, Rue de Trèves, B-1040 Brussels.The applicant claims that the Court should:1. Declare that, by adopting Regulation of 28 August 1998 No 853 regarding type approval of gaming machines (Forskrift av 28. august 1998 nr. 853 om typegodkjenning av gevinstautomater) without notifying the EFTA Surveillance Authority at the drafting stage, the Kingdom of Norway has failed to fulfil its obligation under Article 8 of the Act referred to at point 1 of Chapter XIX of Annex II to the Agreement on the European Economic Area, Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended and adapted to the EEA Agreement by Protocol 1 thereto; and2. Order the Kingdom of Norway to pay the costs of the proceedings.Legal and factual background and pleas in law adduced in support:- Article 8 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended (the "Act"), obliges Norway to immediately communicate to the EFTA Surveillance Authority any draft technical regulation.- Except in special cases referred to in Article 8 of the Act, Article 9 of the Act requires the EFTA States to postpone adoption of technical regulations for a period of three months subsequent to its notification to the Authority.