Svalbard et jan mayen
The EFTA Court delivered an advisory opinion on 19 February 2026 in Case E-6/25 Saga Subsea AS v Akselsen and Granlund. The case concerned the scope of the EU Directive on Temporary Agency Work (2008/104/EC).
In its opinion, the EFTA Court clarified that the EEA Agreement applies to the continental shelves of EFTA States. The Court held that such application is necessary to achieve the objective of establishing a homogenous European Economic Area, with the fullest possible realization of free movement. The EFTA Court rejected the Norwegian Government’s long-held position that Article 126 EEA exempts the continental shelf from the EEA Agreement. The Court stated that Article 126 was included by the EU for other purposes, and that the Norwegian Government’s interpretation is “fundamentally at odds with the equality, reciprocity and overall balance of benefits, rights and obligations for the Contracting Parties”.
The advisory opinion is formally non-binding. However, under Norwegian case law, it must be accorded “great weight” when the Norwegian Supreme Court decides the issue. The Supreme Court is therefore anticipated to adopt the same conclusion as the EFTA Court.
The EFTA Court’s position aligns with arguments previously advanced in two major environmental litigations led by Simonsen Vogt Wiig against the Norwegian State. The first case is pleaded on behalf of Greenpeace Nordic and Nature and Youth and concerns three oil fields on the Norwegian continental shelf. Greenpeace Nordic and Nature and Youth argue, among other things, that the oil fields were approved in breach of the EU Directive on Environmental Impact Assessment (2011/92/EU) and must be nullified pursuant to Article 3 EEA. The case will soon be heard in the Grand Chamber of the Supreme Court. The second case is pleaded on behalf of World Wide Fund for Nature Norway (WWF) and concerns a governmental decision to open an area on the Norwegian continental shelf for deep sea mineral activities. WWF argues, among other things, that the decision was made in breach of the EU Directive on Strategic Environmental Assessment (2001/42/EC) and therefore must be nullified pursuant to Article 3 EEA. The case will soon be heard in the appeals court.
The advisory opinion is expected to have significant impacts on the energy sector. Multiple EU directives and regulations that the Norwegian State has exempted, or plans to exempt, from the continental shelf could be required to be implemented with effect for sectors operating on the shelf. These include the recent Net Zero Industry Act, which inter alia requires oil companies to develop a certain CO2 storage capacity.
The EFTA Court’s advisory opinion is available here.
