E-25/24 Dartride AS v Norwegian State
Klik hier voor het dossier van het EVA-hof (voor zover beschikbaar).
Deadlines: Motivation ministry: 6 November 2024 Written observations: 23 December 2024
Keywords: state liability, infringement EEA law, EU/EEA law
Subject: - Treaty on the Functioning of the European Union: Article 267; - EEA Agreement: Articles 3, 6 and 108(2).
Facts of the case: Appellant of the case is ‘Dartride AS’ and respondent is the Norwegian State, represented by the Ministry of Justice and Public Security. Dartride AS has brought proceedings against the Norwegian State, claiming that the State is liable for damages because the Court of Appeal and the Supreme Court of Norway have delivered decisions contrary to EEA law. Dartride AS submitted that the established State liability under the EEA Agreement also encompasses limited liability for judicial decisions. The District Court has dismissed the action, because it found that there was no ‘basis for obtaining damages for judicial decisions contrary to EEA law’. The Court of Appeal has decided that an advisory opinion is to be sought from the EFTA Court.
Request for an advisory opinion: 1. Do the EEA Agreement and [the principle of] State liability under EEA law entail that the State can be liable for damages for errors by the courts in the application of the EEA rules?
2. If question 1 is answered in the affirmative: a. Which decisions by national courts can trigger liability for EEA States? b. Is it compatible with EEA law for the possibility of filing a lawsuit concerning damages for errors by the courts in their application of the EEA rules to be subject to fulfilment of conditions laid down in the third paragraph of section 200 of the Courts of Justice Act?
Cited (recent) case-law: C-6/90 and C-9/90; C-224/01; E-4/01; E-2/10; C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame; C-173/03; E-9/97; E-18/11 Irish Bank.
Policy Area: JenV
