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Report 2011 - EFTA Court

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The <strong>EFTA</strong> <strong>Court</strong> was set up under the Agreement on the European<br />

Economic Area (the EEA Agreement) of 2 May 1992. This was originally<br />

a treaty between, on the one hand, the European Communities and their<br />

then twelve Member States and, on the other hand, the <strong>EFTA</strong> States<br />

Austria, Finland, iceland, Liechtenstein, Norway, Sweden and Switzerland.<br />

The treaty entered into force on 1 January 1994, except for Liechtenstein<br />

and Switzerland. Accordingly, the <strong>EFTA</strong> <strong>Court</strong> took up its functions on<br />

1 January 1994 with five judges nominated by Austria, Finland, iceland,<br />

Norway and Sweden and appointed by common accord of the respective<br />

Governments. Austria, Finland and Sweden joined the European Union on<br />

1 January 1995. Liechtenstein became a member of the EEA on 1 May<br />

1995. The <strong>EFTA</strong> <strong>Court</strong> continued its work in its original composition of five<br />

judges until 30 June 1995, under a Transitional Arrangements Agreement.<br />

Since that date, the <strong>Court</strong> has been composed of three Judges appointed<br />

by common accord of the Governments of iceland, Liechtenstein and<br />

Norway. Since 1 August 2007, the EEA has consisted of the 27 Member<br />

States of the European Union and of the three <strong>EFTA</strong> States iceland,<br />

Liechtenstein and Norway.<br />

The present <strong>Report</strong> of the <strong>EFTA</strong> <strong>Court</strong> covers the period from 1 January<br />

to 31 December <strong>2011</strong> and contains the decisions rendered during<br />

that period as well as an overview of other activities of the <strong>Court</strong>. The<br />

reader is referred to the first <strong>Report</strong> of the <strong>Court</strong> 1994-1995, for general<br />

information on the establishment of the <strong>Court</strong>, its jurisdiction, legal status<br />

and procedures.<br />

The working language of the <strong>Court</strong> is English, and its Judgments, other<br />

decisions and <strong>Report</strong>s for the Hearing are published in English. Judgments<br />

in the form of Advisory Opinions, as well as the respective <strong>Report</strong>s for the<br />

Hearing, are translated to the language of the requesting national court.<br />

Both language versions are authentic and published in the <strong>Court</strong> <strong>Report</strong>s.<br />

When a case is published in two languages, the different language versions<br />

are published with corresponding page numbers to facilitate reference.<br />

A collection of relevant legal texts for the <strong>EFTA</strong> <strong>Court</strong>, as amended, can be<br />

found in the booklet <strong>EFTA</strong> <strong>Court</strong> Texts (latest edition, September 2008).<br />

The booklet is available in English, German, icelandic and Norwegian, and<br />

can be obtained from the Registry. All language versions of the texts can<br />

also be accessed on the <strong>EFTA</strong> <strong>Court</strong> website www.eftacourt.int<br />

xxxxxxxxxxxxxxxxxxxxxxxxx Foreword<br />

Summary<br />

Case<br />

e-xx/x<br />

i

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