1.

Declare that Iceland has failed to fulfil its obligations under the Act referred to at point 5oc of Annex XI to the EEA Agreement on the European Economic Area (Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies), as adapted by Protocol 1 to the EEA Agreement, and under Article 7 of the EEA Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed, or in any event, by failing to inform the EFTA Surveillance Authority thereof, and

2.

Order Iceland to bear the costs of these proceedings.

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By this application, the EFTA Surveillance Authority (‘ESA’) seeks a declaration from the Court that Iceland has failed to fulfil its obligations under the Act referred to at point 5oc of Annex XI to the EEA Agreement, as adapted by Protocol 1 to that Agreement, and under Article 7 EEA, by failing to adopt the measures necessary to implement the Act within the time prescribed, or in any event, by failing to inform ESA thereof.

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ESA sent a letter of formal notice to Iceland on 12 July 2024, inviting Iceland to submit its observations within two months, i.e. by 12 September 2024.

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In a response on 10 October 2024, Iceland stated that it had not yet taken the necessary measures to implement the Act and indicated that the legislative measures necessary for the implementation were underway.

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ESA delivered a reasoned opinion on 13 November 2024 giving Iceland two months in which to take the measures necessary to comply with the reasoned opinion, i.e. no later than 13 January 2025.

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No response from Iceland was received by ESA within the time-frame specified in the reasoned opinion, nor was ESA in possession of any other information indicating that the Act had been made part of Iceland’s internal legal order.

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Since Iceland had not complied with the reasoned opinion by the deadline set therein, ESA decided to refer the matter to the Court, pursuant to Article 31 SCA.

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ESA has at the point of lodging the present application, not been notified and does not have any other information suggesting that Iceland has implemented the Act into its legal order.