CELEX: E2004P0003
Language: en
Date: 2004-06-04 00:00:00
Title: Request for an Advisory Opinion from the EFTA Court by Gulating lagmannsrett by decision of that court of 28 May 2004 in the case of Tsomakas Athanasios m.fl. v Staten v/Rikstrygdeverket (Case E-3/04)

17.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 40/16
            
         Request for an Advisory Opinion from the EFTA Court by Gulating lagmannsrett by decision of that court of 28 May 2004 in the case of Tsomakas Athanasios m.fl. v Staten v/Rikstrygdeverket
   (Case E-3/04)
   (2005/C 40/09)
   A request has been made to the EFTA Court by decision of 28 May 2004 of Gulating lagmannsrett (Gulating Court of Appeal), Bergen, Norway, which was received at the Court Registry on 4 June 2004, for an Advisory Opinion in the case of Tsomakas Athanasios m.fl. v Staten v/Rikstrygdeverket, on the following question:
   Is it compatible with the choice of law rules contained in Title II of Regulation (EEC) No 1408/71, that the flag State proceeds from the premise that the State of residence must have issued a form E 101 or a statement containing information equivalent to that found in form E 101, for the legislation of the State of residence to apply in accordance with Article 14b(4), and that in the absence of such documentation, the legislation of the flag State shall apply in accordance with Article 13(2)(c)?