Report 2011 - EFTA Court

until their actual recovery (Article 3(3) of the Decision). Pursuant
to Article 3(4) the interest shall be calculated on a compound basis
in accordance with Article 9 in ESA’s Decision No 789/08/COL
of 17 December 2008, on the implementing provisions referred to
under Article 27 of Part ii of Protocol 3.
10. Article 4 of the Decision states that the Principality of
Liechtenstein shall effect the recovery of the aid referred to in
Article 1 without delay, and in any event by 30 September 2010.
This recovery shall be effected in accordance with the procedures
of national law, provided they allow the immediate and effective
execution of the decision.
11. Case E-4/10 was registered at the Court on 21 May 2010,
pursuant to an application by the Principality of Liechtenstein,
bringing an action under Article 36(1) of the Agreement between
the EFTA States on the Establishment of a Surveillance Authority
and a Court of Justice (“SCA”) for full or partial annulment of the
contested Decision.
12. Case E-6/10 Reassur Aktiengesellschaft (“Reassur”) was registered
at the Court on 16 June 2010 and Case E-7/10 Swisscom
Re Aktiengesellschaft (“Swisscom”) on 9 July 2010, both limited
liability companies registered in vaduz, Liechtenstein, pursuant to
applications under Article 36(2) SCA. Reassur is the captive insurance
company of the Schindler Group and has been exclusively
engaged in insuring certain types of risks of companies belonging
to that group. Swisscom is a wholly-owned subsidiary of
Swisscom AG and has carried out captive insurance operations in
Liechtenstein exclusively for the Swisscom Group since its establishment
in 1997.
13. By a decision of 16 July 2010, pursuant to Article 39 of the Rules
of Procedure, and, having received observations from the parties,
the Court joined the three cases for the purposes of the written
and oral procedures.
14. ESA submitted Statements of Defence in Cases E-4/10, E-6/10
and E-7/10, which were registered at the Court on 13 September
Joined Cases E-4/10, E-6/10 and E-7/10 Principality of Liechtenstein, Reassur Aktiengesellschaft,
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Swisscom RE Aktiengesellschaft v EFTA Surveillance Authority