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A view from the EFTA Court

In: Research Handbook on EEA Internal Market Law

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  • Ólafur Jóhannes Einarsson

Abstract

The chapter examines the contribution of the EFTA Court in ensuring homogeneity in the EEA. The judgments of the EFTA Court in which it established state liability under the EEA Agreement and the rebuttable presumption of interpreting provisions of EEA law in the same manner as the corresponding provisions of EU law, are examined in detail as they are of key importance in this respect. Recent case law regarding Directive 2004/38 (free movement directive) is also analysed. By its interpretation of the Directive, the EFTA Court has ensured substantive homogeneity between the EU and the EFTA pillar. In this context, judgments of the EFTA Court and CJEU regarding the free movement of services are examined. Finally, the interpretative methods of the EFTA Court are analysed by looking at various examples from its case law, which show the importance of both textual and contextual interpretation.

Suggested Citation

  • Ólafur Jóhannes Einarsson, 2025. "A view from the EFTA Court," Chapters, in: Graham Butler (ed.), Research Handbook on EEA Internal Market Law, chapter 19, pages 414-435, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21527_19
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    File URL: https://www.elgaronline.com/doi/10.4337/9781803922461.00032
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    Keywords

    Law - Academic;

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