CELEX: E2009P0001
Language: en
Date: 2009-02-03 00:00:00
Title: Action brought on 3 February 2009 by the EFTA Surveillance Authority against the Principality of Liechtenstein (Case E-1/09)

19.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 41/31
            
         Action brought on 3 February 2009 by the EFTA Surveillance Authority against the Principality of Liechtenstein
   (Case E-1/09)
   (2009/C 41/09)
   An action against the Principality of Liechtenstein was brought before the EFTA Court on 3 February 2009 by the EFTA Surveillance Authority, represented by Bjørnar Alterskjær and Florence Simonetti, acting as Agents of the EFTA Surveillance Authority, rue Belliard 35, B-1040 Brussels.
   The EFTA Surveillance Authority requests the EFTA Court to declare that:
   
               1.
            
            
               
                  by requiring the members of the management board and of the executive management of banks established in Liechtenstein to be, by reason of their residence, in a position to actually and flawlessly perform their functions and duties, the Principality of Liechtenstein has failed to fulfil its obligations under the EEA Agreement, in particular Articles 28 and 31 thereof;
               
            
         
               2.
            
            
               
                  by requiring a residence, wherefrom he is able to fulfil his tasks effectively and on a regular basis, for lawyers, patent lawyers, auditors and trustees the Principality of Liechtenstein has failed to fulfil its obligations under the EEA Agreement, in particular Article 31 thereof;
               
            
         
               3.
            
            
               
                  the Principality of Liechtenstein bear the costs of these proceedings.
               
            
         Legal and factual background and pleas in law adduced in support:
   
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               the case concerns residence requirements under Liechtenstein law for members of the management board and of the executive management of banks established in Liechtenstein, and for lawyers, patent lawyers, auditors and trustees,
            
         
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               Article 28 EEA secures freedom of movement for EEA nationals and abolishes discrimination based on nationality within EEA as regards inter alia employment,
            
         
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               Article 31 EEA requires equal treatment between EEA nationals invoking their right to freedom of establishment and those nationals of the country where the establishment is effected.