CELEX: E2005J0002
Language: en
Date: 2005-11-24
Title: Judgment of the Court of  24 November 2005  in Case E-2/05 — EFTA Surveillance Authority v The Republic of Iceland  (State aid — Failure of a Contracting Party to fulfil its obligations — Second subparagraph of Article 1(2) of Part I of Protocol 3 SCA — Validity of a decision by the EFTA Surveillance Authority — Termination of tax measures and recovery of aid — Absolute impossibility to implement a decision of the EFTA Surveillance Authority)

9.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 57/23
            
         
      JUDGMENT OF THE COURT
   
   of 24 November 2005
   in Case E-2/05
   EFTA Surveillance Authority v The Republic of Iceland
   
      (State aid — Failure of a Contracting Party to fulfil its obligations — Second subparagraph of Article 1(2) of Part I of Protocol 3 SCA — Validity of a decision by the EFTA Surveillance Authority — Termination of tax measures and recovery of aid — Absolute impossibility to implement a decision of the EFTA Surveillance Authority)
   
   (2006/C 57/08)
   In Case E-2/05, EFTA Surveillance Authority v the Republic of Iceland — APPLICATION for a declaration that the Republic of Iceland has failed to fulfil its obligations under points 2, 3 and 4 of the EFTA Surveillance Authority's Decision No 21/04/COL of 25 February 2004 with regard to International Trading Companies, the Court, composed of: Carl Baudenbacher, President and Judge-Rapporteur, Per Tresselt and Stefán Már Stefánsson (ad hoc), Judges, gave judgment of 24 November 2005, the operative part of which is as follows:
   
               1.
            
            
               Declares that by failing to terminate the tax scheme declared incompatible with the EEA Agreement by Decision No 21/04/COL of 25 February 2004, to recover the aid provided, and to inform the EFTA Surveillance Authority as required, the Republic of Iceland has failed to fulfil its obligations under points 2, 3 and 4 of the said decision.
            
         
               2.
            
            
               Orders the Republic of Iceland to pay the costs of the proceedings.