CELEX: E2015J0006
Language: en
Date: 2015-09-28 00:00:00
Title: Judgment of the Court of 28 September 2015 in Case E-6/15 — EFTA Surveillance Authority v The Kingdom of Norway (Failure by an EFTA State to fulfil its obligations — Freedom to provide services — Directive 2006/123/EC on services in the internal market — Local authorisation requirement for construction works)

17.11.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 422/7
            
         JUDGMENT OF THE COURT
   of 28 September 2015
   in Case E-6/15
   EFTA Surveillance Authority v The Kingdom of Norway
   (Failure by an EFTA State to fulfil its obligations — Freedom to provide services — Directive 2006/123/EC on services in the internal market — Local authorisation requirement for construction works)
   (2016/C 422/06)
   In Case E-6/15, EFTA Surveillance Authority v The Kingdom of Norway – APPLICATION for a declaration that the Kingdom of Norway has failed to fulfil its obligations under Article 16 of the Act referred to at point 1 of Annex X of the Agreement on the European Economic Area (Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market), or, alternatively, Article 36 of the Agreement on the European Economic Area, by maintaining in force Sections 20-1, second paragraph and 22-3 of the Planning and Building Act, read in conjunction with Sections 9-1 to 9-4 and 11-1 of the Building Regulation, which require undertakings carrying out construction works to obtain an authorisation by local municipalities prior to the beginning of their activity, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 28 September 2015, the operative part of which is as follows:
   The Court hereby:
   
               1.
            
            
               Declares that the Kingdom of Norway has failed to fulfil its obligations under Article 16 of the Act referred to at point 1 of Annex X of the EEA Agreement (Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market) by maintaining in force Section 20-1, second paragraph and Section 22-3 of the Planning and Building Act, read in conjunction with Sections 9-1 to 9-4 and 11-1 of the Building Regulation, which require undertakings carrying out construction works to obtain an authorisation by local municipalities prior to the beginning of their activity.
            
         
               2.
            
            
               Orders the Kingdom of Norway to bear the costs of the proceedings.