Saturday, 3 August 2013

EFTA Court July 2013

Case law from the EFTA Court July 2013

Case E-15/12 Jan Anfinn Wahl v Icelandic state

Mr Jan Anfinn Wahl is a Norwegian citizen and member of Hells Angels. In February 2010, Iceland refused to allow Mr Jan Anfinn Wahl to enter its territory. Relying on Article 27 of EU Directive 2004/38/EC and Article 7 of the EEA Agreement he challenged the refusal.


Case E-9/12 Iceland v ESA

On 26 February 2008 an Icelandic state company entered into a contract of real estate sale with Verne Holdings. The real estate object was sold by the Icelandic state at the price of USD 14,500,000 (€ 6,030,032). If a state property is sold below the market price, the difference between the actual and the market price constitutes state aid.  Using the taxation value of the property as a market value the ESA established a difference of ISK 220, 850,000 (€ 1,391,570), which constituted state aid. This decision has been unsuccessfully challenged in the present case. 

Case E-7/12 Schenker North AB v ESA

This is a follow-on case coming as a result of the refusal to grant access to documents at the occasion of the request lodged by Schenker North AB in August 2010. However on 5 September 2012 the ESA granted access to documents. The matter under dispute is the grant of damages for non-contractual liability to be paid by ESA for the period of delay. The Court established that the infringement was of serious nature, but the applicant could not substantiate the causality between the damage claimed and the violation in question. The breach of a clear time limit  for reaching a decision gave the indication of a serious violation of EEA law.

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