Surveillance And Court Agreement Protocol 4

A Court of Justice of the EFTA States, hereinafter referred to as `the EFTA Court of Justice`, is hereby established. It shall operate in accordance with the provisions of this Agreement and the EEA Agreement. RECALLING the objective of the Contracting Parties to the EEA Agreement to achieve, with full respect for the independence of the courts, a uniform interpretation and application of the EEA Agreement and the provisions of Community law, which are essentially set out in this Agreement, and to achieve equal treatment between persons and economic operators as regards the four freedoms and conditions of competition, The EFTA Court of Justice has jurisdiction to deliver opinions on the interpretation of the EEA Agreement. Where such a question is raised before a court of an EFTA State, that court may, where it considers it necessary to enable it to give a ruling, request such an opinion from the EFTA Court of Justice. An EFTA State may, in its national legislation, restrict the right to obtain such an opinion to courts whose decisions have not been the subject of a judicial review under national law. WHEREAS, in accordance with Article 108(2) of the EEA Agreement, the EFTA States establish a Court of Justice of the EFTA States, 1. Protocols 6 and 7 to the Agreement provide respectively for the exemptions from law, business and business to be recognised and granted by the EFTA States in respect of the EFTA Surveillance Authority and the EFTA Court of Justice. 2. The EFTA Surveillance Authority or the EFTA Court of Justice may conclude an agreement with the governments of the States in whose territory their head office is situated as regards the privileges and immunities to be granted. REAFFIRMING that the EFTA Surveillance Authority and the Commission of the European Communities shall cooperate, exchange information and consult each other on matters of surveillance policy and in specific cases an independent surveillance authority between the EFTA States, the EFTA Surveillance Authority, is hereby established.

The EFTA States, the EFTA Surveillance Authority, the Union and the European Commission shall be represented before the Court of Justice by a representative appointed for each case; the agent may be assisted by an adviser or a lawyer. . . .

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