Report 2011 - EFTA Court

of decisions to initiate the formal investigation procedure,
proceedings shall be closed by means of a decision pursuant to
Article 7 of this Chapter. If an EFTA State fails to comply with an
information injunction, that decision shall be taken on the basis of
the information available.
8 Article 16 SCA reads as follows:
Decisions of the EFTA Surveillance Authority shall state the reasons on
which they are based.
National law
9 At the time when the Kingdom of Norway became a party to the
EEA Agreement, local bus transport in Norway was governed by
the provisions of the 1976 Transport Act and its implementing
regulations. Under those rules, concessions for local bus
transport were granted for fixed ten-year periods, without public
tendering. The concession to carry out local bus transport
included a right, and also an obligation, to serve the area or route
in question, in return for ticket income from passengers.
10 Section 24a, paragraph 1, of the 1976 Transport Act provided
that it was the responsibility of the county (fylkeskommune, in this
context the City of Oslo) to provide for compensation for specific,
unprofitable transport services it wished to introduce or continue
to operate within the County. This provision is now to be found in
Section 22 of the 2002 Commercial Transport Act which replaced
the 1976 Transport Act with effect from 1 January 2003.
11 An amendment to the 1976 Transport Act of 11 June 1993, which
took effect on 1 January 1994, permitted local bus transport to
be submitted to public tendering. The concession would follow the
successful bidder for the duration of the contract. The provisions
relevant for the rights and duties of the concession holder
remained essentially unchanged.
CASE E-14/10 Konkurrenten.no AS v xxxxxxxxxxxxxxxxxxxxxxxxxxx EFTA Surveillance Authority
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