E-6/24 EFTA Surveillance Authority v Iceland
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Deadlines: Motivation ministry: 26 June 2024 Written observations: 12 August 2024
Keywords: Implementation
Subject: - Agreement on the European Economic Area (Commission Implementing Regulation (EU) 2021/1042 of 18 June 2021 laying down rules for the application of Directive (EU) 2017/1132 of the European Parliament and of the Council as regards technical specifications and procedures for the system of interconnection of registers and repealing Commission Implementing Regulation (EU) 2020/2244): point 1a of Annex XXII.
Facts of the case: The EFTA Surveillance Authority (hereafter: ESA) brings an action under Article 31 of the Agreement between the EFTA States on the Establishment of a Surveillance and a Court of Justice. ESA seeks a declaration from the Court that Iceland has failed to fulfil its obligations under the Act referred to at point 1a of Annex XXII to the Agreement on the European Economic Area. The Act in this application concerns technical specifications and procedures for the system of interconnection of central, commercial and company registers.
On 24 April 2023*, the ESA has sent a letter of formal notice to Iceland that it has failed to take the necessary measures to make the Act part of its internal legal order. On 27 September 2023, Icelandic Government replied to the letter and stated that they had indeed not taken the necessary measures. After more letters, the ESA delivered a reasoned opinion on 22 November 2023, in which Iceland was given two months to take the measures. Iceland mentioned that the implementation would be further delayed. On 27 March 2024, Iceland had still not complied with the reasoned opinion, and ESA decided to bring the matter before the Court.
Iceland has submitted a defence, in which it states that the facts of the case are correct and undisputed. Iceland mentions that last year a bill of law implementing the Act had been proposed, but that the presenting of the bill to the Parliament was delayed. They furthermore state that the bill is included in the Legislative Calendar for the 2024 fall legislative session and will be presented to the parliament then.
ESA requests the Court to: 1. declare that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing to make the Act referred to at point 1a of Annex XXII to the EEA Agreement (Commission Implementing Regulation (EU) 2021/1042 of 18 June 2021 laying down rules for the application of Directive (EU) 2017/1132 of the European Parliament and of the Council as regards technical specifications and procedures for the system of interconnection of registers and repealing Commission Implementing Regulation (EU) 2020/2244), as adapted by Protocol 1 to the EEA Agreement, part of its internal legal order, and 2. order Iceland to bear the costs of these proceedings Cited (recent) case-law: -
* In the application, the date mentioned is 24 April 2024, but the reply to that letter was on 27 September 2023. The date in this document has therefore been changed to 24 April 2023, in line with the other dates mentioned in the application. Policy Area: JenV
