CELEX: E1997P0010
Language: en
Date: 1997-12-18 00:00:00
Title: Action brought on 18 December 1997 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-10/97)

Avis juridique important

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E1997P0010

Action brought on 18 December 1997 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-10/97)  

Official Journal C 084 , 19/03/1998 P. 0014 - 0014

Action brought on 18 December 1997 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-10/97) (98/C 84/06)An action against the Kingdom of Norway was brought before the EFTA Court on 18 December 1997 by the EFTA Surveillance Authority, represented by Håkan Berglin, Director of the Legal and Executive Affairs Directorate, acting as Agent, EFTA Surveillance Authority, 74, Rue de Trèves, B-1040 Brussels.The applicant claims that the Court should:1. Declare that, by failing to adopt, within the time limit prescribed, the national provisions necessary to comply with the Act referred to in point 2 of Annex XVIII of the EEA Agreement (Council Directive 78/610/EEC of 29 June 1978 on the approximation of the laws, regulations and administrative provisions of the Member States on the protection of the health of workers exposed to vinyl chloride monomer), as adapted by way of Protocol 1 to the EEA Agreement, the Kingdom of Norway has failed to fulfil its obligations within the meaning of Article 11 of that Act and Article 7 of the EEA Agreement.2. Order the Kingdom of Norway to pay the costs of the proceedings.Legal and factual background and pleas in law adduced in support:- Council Directive 78/610/EEC of 29 June 1978 sets out certain requirements on the protection of the health of workers exposed to vinyl chloride monomer,- According to Article 7 of the EEA Agreement, acts referred to or contained in the Annexes to the Agreement or in decisions of the EEA Joint Committee shall be binding on the Contracting Parties and be, or be made, part of the internal legal order,- Council Directive 78/610/EEC of 29 June 1978 on the approximation of the laws, regulations and administrative provisions of the Member States on the protection of the health of workers exposed to vinyl chloride monomer is referred to point 2 of Annex XVIII to the EEA Agreement,- It follows from Article 11 of the Act, as adapted by way of Protocol 1 to the EEA Agreement, that Norway was to bring into force the laws, regulations and administrative provisions necessary to comply with the Act by 1 January 1994 and to inform the EFTA Surveillance Authority forthwith of the measures taken to this end,- At the expiry of the abovementioned time limit, Norway had not taken the legislative measures necessary to comply with the Act. Nor had such measures been taken at the end of the time limit set by the EFTA Surveillance Authority in its reasoned opinion, in which it requested Norway to take the measures necessary to comply with the Act. Norway has, therefore, failed to comply with its obligations within the meaning of Article 11 of the Act and Article 7 of the EEA