1.

Adopt a measure of organisation of procedure ordering ESA to produce all of the documents and other information on the basis of which it considered on the date of the contested decision that it had sufficiently serious indicia to justify carrying out an inspection at the Applicant’s premises, and requesting the Applicant to express its views on the documents and information produced;

2.

Annul ESA Decision No 159/24/COL of 3 October 2024 requiring SKEL fjárfestingafélag hf. together with all undertakings directly or indirectly, solely or jointly controlled by it, including Lyfjaval ehf., to submit to an inspection pursuant to Article 20(4) of Chapter II of Protocol 4 to the Surveillance and Court Agreement; and

3.

Order ESA to pay the costs of the proceedings.

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Lyfjaval ehf. (Lyfjaval) operates seven retail pharmacies in Iceland and has around 7 % of total annual turnover in retail pharmacy sales in Iceland. Lyfjaval is indirectly controlled by SKEL fjárfestingafélag hf. (SKEL).

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Decision No 159/24/COL of 3 October 2024 (‘the contested decision’) required SKEL, together with all undertakings directly or indirectly, solely or jointly controlled by it, including Lyfjaval, to submit to an inspection pursuant to Article 20(4) of Chapter II of Protocol 4 to the Surveillance and Court Agreement (SCA).

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The contested measures relate to an unannounced inspection carried out by representatives of the EFTA Surveillance Authority (ESA) at the business premises of SKEL and Lyfjaval on 14 October 2024.

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The applicant seeks the annulment of the contested decision and bases its application on the following pleas: