CELEX: E2003J0004
Language: en
Date: 2004-05-05 00:00:00
Title: Judgment of the Court of 5 May 2004 in Case E-4/03: EFTA Surveillance Authority v the Kingdom of Norway (Failure of a Contracting Party to fulfil its obligations — Article 8 of Directive 98/34/EC)

28.4.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 103/28
            
         
      JUDGMENT OF THE COURT
   
   of 5 May 2004
   in Case E-4/03: EFTA Surveillance Authority v the Kingdom of Norway
   
      (Failure of a Contracting Party to fulfil its obligations — Article 8 of Directive 98/34/EC)
   
   (2005/C 103/14)
   In Case E-4/03, EFTA Surveillance Authority v the Kingdom of Norway — Application for a declaration that, by adopting Regulation No 853 of 28 August 1998 regarding type approval of gaming machines (forskrift av 28. august 1998 nr. 853 om typegodkjenning av gevinstautomater) without previously notifying the EFTA Surveillance Authority at the drafting stage, the Kingdom of Norway has failed to fulfil its obligation under Article 8 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended and adapted to the EEA Agreement by Protocol 1 thereto, the Court, composed of: Carl Baudenbacher, President, Per Tresselt and Thorgeir Örlygsson (Judge-Rapporteur), Judges, gave judgment of 5 May 2004, the operative part of which is as follows:
   
               1.
            
            
               Declares that, by adopting Regulation No 853 of 28 August 1998 regarding type approval of gaming machines, without previously notifying the EFTA Surveillance Authority at the drafting stage, the Kingdom of Norway has failed to fulfil its obligation under Article 8 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, adapted to the EEA Agreement by Protocol 1 thereto, and referred to in point 1 of Chapter XIX of Annex II to the EEA Agreement.
            
         
               2.
            
            
               Orders the Kingdom of Norway to pay the costs of the proceedings.