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– The Holship Case in the EFTA Court and the Norwegian Supreme Court. 1. Introduction Holship is a Danish owned freight company (forwarding goods) which offers its services in Norway, the rest of Scandinavia and in the Baltics.
in Case E-29/15. REQUEST to the Court pursuant to Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Supreme Court of Iceland (Hæstiréttur Íslands), in a case pending before it between The relevance of this case law of the Strasbourg Court lies in the fact that in Holship, the EFTA Court, as mentioned above, makes clear that it is for the referring Court to assess whether certain overriding reasons in the public interest are compatible with fundamental rights in the light of Article 11 of the Convention and the case law of the Strasbourg Court. He points out that the EFTA Court has held that the provisions of the EEA Agreement are to be interpreted in the light of fundamental rights and that the provisions of the Convention and Strasbourg jurisprudence are important sources for determining the scope of these rights (citing Case E-2/03 Asgeirsson [23]). Holship would also be required to pay for the unloading and loading assignments at the applicable rates set by the AO. The EFTA Court held that a collective bargaining agreement imposing the use of pool dockers goes beyond the core objects and elements of collective bargaining.
2021-03-09 The EFTA Court has deviated from ECJ case law. C-174/82 Sandoz: Free movement may be restricted based on the lack of a nutritional need - E-3/oo Kellogg's rejected this — in C-192/01 Commission v Denmark, the ECJ, disregarding the opinion of AG Mischo, overruled Sandoz and followed the EFTA Court. 3. EFTA Court going first In most cases. Holship is on Facebook. Join Facebook to connect with Holship and others you may know. Facebook gives people the power to share and makes the world more EFTA Court - EU Courts This calls for an interpretation of EEA law in line with new case law of the ECJ. regardless of whether the EFTA Court has previously ruled on the question.
Request for an Advisory Opinion from the EFTA Court by the Supreme Court of Norway, (Norges Høyesterett), received on 5 June 2015 in the case of Holship Norge AS v Norsk Transportarbeiderforbund. 05/06/2015
As for the Supreme Court Holship, HR-2016-2554-P. Supreme E-14/15.
EFTA Court - EU Courts EFTA Court often has to deal with questions unresolved by the ECJ What happens in the event of a divergence? E-9/07 L‘Oréal: [neither] explicitly addresses the situation where the EFTA Court has ruled on an issue first and the ECJ has subsequently come to a different conclusion. However, the consequences for
European Union you took a keen interest in the EFTA Court from the beginning. In the Holship case we referenced the Sørensen and Rasmussen judgment. 19 Norwegian Supreme Court, HR-2016-2554-P Holship, para 76 (plenary judgment, official questioned the findings of the EFTA Court in Case E/2/11. While the book is based on my experiences on the EFTA Court bench, much of relationship between the EFTA Court and the ECJ constitutes thus another focus of this book. As for the Supreme Court Holship, HR-2016-2554-P. Supreme E-14/15. Holship Norge AS v Norsk Transportarbeiderforbund Request for an Advisory Opinion from the EFTA Court by the Supreme Court of Norway, (Norges 8 Sep 2016 The union picketed Holship employees to force Holship to abide by the framework agreement.
Status etter EFTA-domstolens og Høyesteretts avgjørelser i ”Holship-saken” i of the European Court of Justice i Festskrift till Ann Numhauser-Henning (red. Articles 31, 53 and 54 EEA – Competition law – Collective agreements – Collective action – Freedom of establishment Request for an Advisory Opinion from the EFTA Court by the Supreme Court of Norway, (Norges Høyesterett), received on 5 June 2015 in the case of Holship Norge AS v Norsk Transportarbeiderforbund. 05/06/2015
Judgment in English and Norwegian in Case E-14/15 – Holship Norge AS v Norsk Transportarbeiderforbund, delivered in open Court on 19 April 2016. The Governments of the EEA/EFTA States Iceland, Liechtenstein and Norway have on 1 December 2020 decided to reappoint President Páll Hreinsson for a third term of six years as a Judge of the Court. The term will last from 1 January 2021 to 31 December 2026. 25/03/2021
Holship, with legal assistance of the Norwegian Business Association, represented by Kvales partner Jan-Erik Sverre and Kvales partner Kristin Valla, succeeded in the EFTA Court in 2015 and the Supreme Court at the end of 2016:
The EFTA Court has long held that the EEA Agreement must be ‘interpreted in the light of fundamental rights’Footnote 5and that the provisions of the European Convention on Human Rights (‘the Convention’) and the case law of the Strasbourg Court are to be considered, as reiterated in several judgments, ‘important sources’ for the determination of the content of rights under EEA law. EFTA Court Spring Seminar 16 June 2017 WILHELM MATHESON Supreme Court Justice Norway 1.
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Notwithstanding a partial recovery of the financial markets from the losses EEA 6 Joint Committee Decision No 204/2016 of 30 September 2016. Holship ønsket at Efta-domstolen skulle uttale seg om om saken før behandling i tingretten, men retten besluttet å behandle saken uten å vente på Efta.
In May 2017, the First Judicial Summit of the EFTA Pillar was held.
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EFTA Court Spring Seminar 16 June 2017 WILHELM MATHESON Supreme Court Justice Norway 1. Introduction 2. The Holship case will be appealed to the Court of Human Rights
146 Judgement of the EFTA Court, Holship Norge AS, especially paras 17-23.