CELEX: E1997P0005
Language: en
Date: 1997-09-19 00:00:00
Title: Request for an advisory opinion from the EFTA Court by Høyesteretts Kjæremålsutvalg by decision of that court of 16 September 1997 in the case of European Navigation Inc. v. Star Forsikring AS (uoa) (Case E-5/97)

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E1997P0005

Request for an advisory opinion from the EFTA Court by Høyesteretts Kjæremålsutvalg by decision of that court of 16 September 1997 in the case of European Navigation Inc. v. Star Forsikring AS (uoa) (Case E-5/97)  

Official Journal C 376 , 11/12/1997 P. 0014 - 0014

Request for an advisory opinion from the EFTA Court by Høyesteretts Kjæremålsutvalg by decision of that court of 16 September 1997 in the case of European Navigation Inc. v. Star Forsikring AS (uoa) (Case E-5/97) (97/C 376/13)A request has been made to the EFTA Court by decision of 16 September 1997 of Høyesteretts Kjæremålsutvalg (Interlocutory Appeal Committee of the Supreme Court), Norway, which was received at the Court Registry on 19 September 1997, for an advisory opinion in the case of European Navigation Inc. v. Star Forsikring AS (uoa), on the following questions:1. Is it incompatible with Article 4 of the EEA Agreement for national procedural rules to empower a Norwegian court to decide, at the request of a defendant, that a company with its place of business (domicile) in another EEA country than Norway must provide security for costs when it brings an action against a company with its place of business (domicile) in Norway, when such provision of security cannot be required from legal persons with their place of business (domicile) in Norway?2. If such a requirement is not, as a starting proposition, compatible with the EEA Agreement, is Article 4 of the EEA Agreement none the less to be interpreted to the effect that a requirement for provision of security for costs can be justified (proportional) on the basis of the intended purposes and objective