Tagged: European Economic Area

Case E-18/11: Small steps towards a preliminary reference procedure for the EEA EFTA countries?

The EFTA Court handed down an interesting decision in September 2012 which merits a short comment (I am grateful to Christian Frommelt   for pointing me towards the case). The Surveillance and Court Agreement of the EEA EFTA countries does not foresee a procedure akin to the preliminary reference procedure in the context of EU law. However, there is an advisory opinion procedure, which neither obliges the courts of EEA EFTA countries to submit questions on the interpretation of EEA law nor produces binding outcomes. In its decision in Irish Bank Resolution Corporation and Kaupthing Bank, however, the EFTA Court suggested – at least between the lines – that matters might not be just as simple as that. Continue reading