E2002P0001

Action brought on 22 April 2002 by the EFTA Surveillance Authority against the Kingdom of Norway

(Case E-1/02)

(2002/C 134/07)

An action against the Kingdom of Norway was brought before the EFTA Court on 22 April 2002 by the EFTA Surveillance Authority, represented by Dora Sif Tynes, acting as Agent of the EFTA Surveillance Authority, Rue de Trèves/Trierstraat, 74, B-1040 Brussels.

The applicant claims that the Court should:

1. Declare that the Kingdom of Norway has, by maintaining in force a rule which reserves a number of academic posts exclusively for women, failed to fulfil its obligations under Articles 7 and 70 of the Agreement on the European Economic Area and Articles 2(1), 2(4) and 3(1) of the Act referred to in point 18 of Annex XVIII to the Agreement (Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions); and

2. Order the Kingdom of Norway to pay the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

- Article 7 EEA provides that acts referred to or contained in the Annexes to the Agreement or in decisions of the EEA Joint Committee shall be binding upon the Contracting Parties, and be, or be made, part of their internal legal order.

- Article 70 of the EEA Agreement requires the Contracting Parties to promote the principle of equal treatment for men and women by implementing the provisions specified in Annex XVIII to the Agreement, one of which is Council Directive 76/207/EEC.

- Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training, promotions and working conditions is listed in Annex XVIII to the EEA Agreement.

- Article 2(1) of Directive 67/207/EEC lays down the principle of equal treatment, stating: "For the purposes of the following provisions, the principle of equal treatment shall mean that there shall be no discrimination whatsoever on the grounds of sex either directly or indirectly by reference in particular to marital or family status".

- However, Article 2(4) of Directive 76/207/EEC stipulates that "This Direcive shall be without prejudice to measures to promote equal opportunity for men and women, in particular by removing existing inequalities which affect women's opportunities ..."

- Furthermore, Article 3(1) of Directive 76/207/EEC sets out that: "Application of the principle of equal treatment means that there shall be no discrimination whatsoever on grounds of sex in the conditions, including selection criteria, for access to all jobs or posts, whatever the sector or branch of activity, and to all levels of the occupational hierarchy".

- The applicant pleads that the Norwegian rule in question allowing for reservation of certain academic posts to women only is in breach of EEA provisions on gender equality.