ESA: Norwegian requirements for corporate management violate EEA rules


Norwegian authorities violate EEA rules when they require that people in company management must have citizenship of and residence in an EEA country, according to EFTA Surveillance Authority.

The general requirement for citizenship and residence within the community is incompatible with the EEA Agreement principles of freedom of establishment, said the ESA Wednesday.
“Norwegian rules restrict the possibility that companies in other EEA countries could move its central administration to Norway.
If they do not meet the Norwegian requirements, the only possibility is to change the composition of management or the board, said the surveillance body.

The ESA believes that the requirement also limits the possibility that companies in other EEA countries have to conduct business in Norway through subsidiaries or branches, as they do not get to choose its leadership freely and appoint who they want.

Wednesday’s conclusion by the ESA is a so-called reasoned opinion. If Norway does not follow up on the opinion within two months, the ESA will take the opportunity to take the case to the Court.


Source: NTB scanpix / Norway Today