Report 2003 - EFTA Court

Chapter III. Decisions of the Court: Case E-2/02 TBW and Bellona v EFTA Surveillance Authority
7. On 8 November 2002 and pursuant to Article 36 of Protocol 5 to the
Surveillance and Court Agreement, the Kingdom of Norway lodged an
application to intervene in support of the Defendant. By a letter of 11 February
2003, the Court informed the Norwegian Government of its decision to allow the
intervention.
8. On 8 November, the Defendant lodged at the EFTA Court an application
for a decision on admissibility pursuant to Article 87 of the Rules of Procedure of
the EFTA Court (hereinafter the “Rules of Procedure”). On 31 January 2003, the
Applicants lodged a statement in response to that application.
9. On the basis of a preliminary report of the Judge-Rapporteur and with
reference to Article 87(4) of the Rules of Procedure, the Court decided that an
oral hearing would be held on the request for a decision on admissibility, as a
preliminary issue. The Court informed the parties of this decision by a letter
dated 11 February 2003.
II. Form of order sought by the parties as regards admissibility of the
Application
10. The claim of the Defendant, the EFTA Surveillance Authority, in the
request for a decision on the admissibility is that the Court should:
– dismiss the application as inadmissible;
– order the Applicants to pay the costs.
11. The Norwegian Government, as intervener, supports the Defendant’s
claim and asks the Court principally to:
– dismiss the application as inadmissible.
12. The claim of the Applicants, TBW and Bellona, as regards admissibility,
is that the Court should:
– declare the application admissible;
– in the alternative, reserve its decision on admissibility pending its
determination on the merits;
– award the Applicants the costs of the present proceedings.