JUDGMENT OF THE COURT

of 7 May 2010

in Case E-8/09

EFTA Surveillance Authority v The Republic of Iceland

(Failure by a Contracting Party to fulfil its obligations — Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC on the approximation of the laws of the Member States relating to lifts — Judgment by default)

2010/C 320/09

In Case E-8/09, EFTA Surveillance Authority v The Republic of Iceland — Application for a declaration that by failing to adopt, or to notify the EFTA Surveillance Authority of, the measures necessary to implement the Act referred to at point 5 of Chapter III of Annex II to the EEA Agreement, i.e. Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC on the approximation of the laws of the Member States relating to lifts, as adapted to the EEA Agreement by way of Protocol 1 thereto, within the time limit prescribed, the Republic of Iceland has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson (Judge-Rapporteur), and Henrik Bull, Judges, gave judgment on 7 May 2010, the operative part of which is as follows:

The Court hereby: