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Report 2011 - EFTA Court

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VI COSTS<br />

33 Under Article 66(2) of the Rules of Procedure, the unsuccessful<br />

party is to be ordered to pay the costs if they have been applied<br />

for in the successful party’s pleadings. Since ESA has requested<br />

that Norway be ordered to pay the costs and the latter has been<br />

unsuccessful, Norway must be ordered to pay the costs. The costs<br />

incurred by the European Commission are not recoverable.<br />

On those grounds,<br />

hereby:<br />

THE COURT<br />

1. Declares that, by failing to take the measures necessary to comply<br />

with the judgment in Case E-2/07 <strong>EFTA</strong> Surveillance Authority v the<br />

kingdom of Norway, the kingdom of Norway has failed to fulfil its<br />

obligations under Article 33 of the Agreement between the <strong>EFTA</strong><br />

States on the Establishment of a Surveillance Authority and a <strong>Court</strong><br />

of Justice.<br />

2. Orders the kingdom of Norway to bear the costs of the proceedings.<br />

Carl Baudenbacher Thorgeir Örlygsson Per Christiansen<br />

Delivered in open court in Luxembourg on 28 June <strong>2011</strong>.<br />

Skúli Magnússon Carl Baudenbacher<br />

Registrar President<br />

Case E-18/10 <strong>EFTA</strong> Surveillance Authority xxxxxxxxxxxxxxxxxxxxxxxxx<br />

v The Kingdom of Norway<br />

Summary Judgment<br />

CAse Case<br />

e-18/10<br />

e-xx/x<br />

e-8/11<br />

213

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