JUDGMENT OF THE COURT

of 17 November 2020

in Case E-9/19

Abelia and WTW AS

v

EFTA Surveillance Authority

(Action for annulment of a decision of the EFTA Surveillance Authority – State aid – eHealth – Admissibility – Status as interested party – Doubts or serious difficulties – Notion of an undertaking)

(2021/C 75/05)

In Case E-9/19, Abelia and WTW AS v EFTA Surveillance Authority – APPLICATION for the annulment of EFTA Surveillance Authority Decision No 57/19/COL of 10 July 2019 to close the case without opening the formal investigation procedure as to whether the public financing of eHealth and digital health infrastructure in the Norwegian healthcare system, as well as the provision of certain support services and registers, constitutes State aid within the meaning of Article 61(1) of the Agreement on the European Economic Area, the Court, composed of Páll Hreinsson, President, Per Christiansen and Bernd Hammermann (Judge-Rapporteur), Judges, gave judgment on 17 November 2020, the operative part of which is as follows:

The Court hereby:

1.	Dismisses the application as unfounded.

2.	Orders the applicants to pay the costs incurred by the EFTA Surveillance Authority.