E2000P0003

Action brought on 10 April 2000 by the EFTA Surveillance Authority against the Kingdom of Norway

(Case E-3/00)

(2000/C 165/07)

An action against the Kingdom of Norway was brought before the EFTA Court on 10 April 2000 by the EFTA Surveillance Authority, represented by Peter Dyrberg, acting as agent of the EFTA Surveillance Authority, 74, Rue de Trèves/Trierstraat, B-1040 Brussels.

The applicant claims that the Court should:

1. declare that the Kingdom of Norway has failed to fulfil its obligations under Article 11 of the EEA Agreement, by applying its legislation so as to prohibit the import and marketing in Norway of cornflakes, fortified per 100 g with 1 mg thiamine, 1 mg riboflavin, 10 mg niacin and 7 mg iron, which are lawfully manufactured and marketed, in other EEA States;

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 11 of the EEA Agreement prohibits quantitative restrictions on imports, and all measures having an equivalent effect thereto, unless such a measure is justified under Article 13 of the EEA Agreement,

- by refusing an application for authorisation to import cornflakes, fortified per 100 g with 1 mg thiamine, 1 mg riboflavin, 10 mg niacin and 7 mg iron Norway has, according to the applicant, failed to comply with Article 11 of the EEA Agreement,

- the applicant submits that justification for this prohibition cannot be found in Article 13 of the EEA Agreement on grounds of public health, since there is no evidence that the fortified product creates a health risk.