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Document E2012P0005

Action brought on 2 June 2012 by Konkurrenten.no AS against the EFTA Surveillance Authority (Case E-5/12)

IO C 324, 25.10.2012, p. 13–13 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

25.10.2012   

EN

Official Journal of the European Union

C 324/13

Action brought on 2 June 2012 by Konkurrenten.no AS against the EFTA Surveillance Authority

(Case E-5/12)

2012/C 324/11

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 2 June 2012 by Konkurrenten.no AS, represented by Jon Midthjell, advokat, Advokatfirmaet Midthjell AS, Grev Wedels plass 5, 0151 Oslo, Norway.

The Applicant requests the EFTA Court to:

1.

Annul the contested decision; and

2.

Order the defendant and any intervener to bear the costs.

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

—

The Applicant is a privately owned company, incorporated in Norway. The company is active in the regional express bus market between the Southern and Central region in Norway.

—

The Applicant seeks the annulment of ESA’s decision, as notified on 5 April 2012, which denies public access to the complete statement of content in ESA Case No 60510.

—

The Applicant claims that the EFTA Surveillance Authority:

—

has infringed Article 2(1) RAD and Article 4(2) RAD by refusing to disclose a complete statement of content of file; and

—

has infringed Article 16 SCA insofar as the contested decision failed to state reasons.
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