Report 2011 - EFTA Court

effect to the provisions of the EEA Agreement concerning State aid as
well as ensure that those provisions are applied by the EFTA States.
In application of Article 5(2)(b), the EFTA Surveillance Authority shall,
in particular, upon the entry into force of this Agreement, adopt acts
corresponding to those listed in Annex I.
24. The first and second paragraphs of Article 36 SCA read as
follows:
The EFTA Court shall have jurisdiction in actions brought by an EFTA
State against a decision of the EFTA Surveillance Authority on grounds
of lack of competence, infringement of an essential procedural
requirement, or infringement of this Agreement, of the EEA Agreement
or of any rule of law relating to their application, or misuse of powers.
Any natural or legal person may, under the same conditions, institute
proceedings before the EFTA Court against a decision of the EFTA
Surveillance Authority addressed to that person or against a decision
addressed to another person, if it is of direct and individual concern to
the former.
...
25. Article 1 in Part i of Protocol 3 to SCA, as amended by the
Agreements amending Protocol 3 thereto, signed in Brussels on
21 March 1994, 6 March 1998 and 10 December 2001 (“Protocol
3”) reads as follows:
1. The EFTA Surveillance Authority shall, in cooperation with the
EFTA States, keep under constant review all systems of aid existing in
those States. It shall propose to the latter any appropriate measures
required by the progressive development or by the functioning of the
EEA Agreement.
2. If, after giving notice to the parties concerned to submit their
comments, the EFTA Surveillance Authority finds that aid granted by
an EFTA State or through EFTA State resources is not compatible with
the functioning of the EEA Agreement having regard to Article 61 of
the EEA Agreement, or that such aid is being misused, it shall decide
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