EEA law & state liability: landmark decision by the EFTA Court
EEA law & state liability: Landmark decision by the EFTA Court
In a groundbreaking decision, the EFTA Court confirmed the following with reference to the Köbler doctrine:
EEA states are also liable for obvious errors made by their courts of last instance if these errors violate EEA rights.
Background: Dartride AS sued Norway for an allegedly erroneous court decision in connection with the granting of taxi licenses—and has now been vindicated by the EFTA Court.
The Court clarified:
State liability also applies to court decisions at the highest level.
National barriers such as those in Norway (Section 200 of the Norwegian Courts Act) are not compatible with EEA law if they prevent effective legal protection by the EFTA Court.
Impact: A strong signal for the protection of individual rights in the EEA and an important step towards greater legal certainty and homogeneity in the European Economic Area.