CELEX: E2020J0009
Language: en
Date: 2021-07-15 00:00:00
Title: Judgment of the Court of 15 July 2021 in Case E-9/20 EFTA Surveillance Authority v the Kingdom of Norway (Free movement of workers – Freedom of establishment – Regulation (EU) No 492/2011 – Combined residence and nationality requirement for corporate officers – General manager – Members of the board – Consistency) 2021/C 426/08

21.10.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 426/11
            
         
      JUDGMENT OF THE COURT
      of 15 July 2021
      in Case E-9/20
      EFTA Surveillance Authority v the Kingdom of Norway
      
         
            (Free movement of workers – Freedom of establishment – Regulation (EU) No 492/2011 – Combined residence and nationality requirement for corporate officers – General manager – Members of the board – Consistency)
         
      
      (2021/C 426/08)
      In Case E-9/20, EFTA Surveillance Authority v the Kingdom of Norway –APPLICATION seeking a declaration that, by maintaining in force various nationality and/or residence requirements laid down in Norwegian company law in respect of persons who occupy certain management roles in companies registered and incorporated in Norway, the Kingdom of Norway has failed to fulfil its obligations under Articles 31 and 28 of the Agreement on the European Economic Area, as well as Article 1(1) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, the Court, composed of Páll Hreinsson, President, Per Christiansen and Bernd Hammermann (Judge-Rapporteur), Judges, gave judgment on 15 July 2021, the operative part of which is as follows:
      
                  1.
               
               
                  Declares that, by maintaining in force Sections 6-11(1) and 6-36(2) of the Public Limited Companies Act, Section 6-11(1) of the Private Limited Companies Act and Sections 7-5 and 8-4(5) of the Financial Undertakings Act, the Kingdom of Norway has failed to fulfil its obligations under Article 31 of the EEA Agreement.
               
            
                  2.
               
               
                  Dismisses the application as to the remainder.
               
            
                  3.
               
               
                  Orders each party to bear its own costs.