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LEX wins landmark case18. November, 2016
On 18 November 2016, the District Court of Reykjavík rendered its verdict in the landmark case of Ferskar kjötvörur ehf. against the Icelandic State. In short, the case involved the plaintiff, Ferskar kjötvörur ehf., as subsidiary of the Icelandic grocery and retail giant, Hagar hf., having imported 83 kgs of fresh (unfrozen) beef tenderloin to Iceland.
The Icelandic government refused to allow Ferskar kjötvörur ehf. to import the products as they had not demonstrably been submitted to a certain freezing procedure as required by Icelandic law. Eventually the products had to be destroyed as they had spoiled.
Ferskar kjötvörur ehf. filed suit against the Icelandic State submitting that the refusal of the Icelandic State to issue an import license on the grounds cited was in breach of the EEA Agreement and that the Icelandic State was in default of its obligations thereunder. By reference to the guidance provided by an advisory opinion rendered by the EFTA Court for this case, the District Court of Reykjavík ruled in favour of Ferskar kjötvörur ehf., concluding that the Icelandic State was in breach of the EEA Agreement and was liable for damages toward Ferskar kjötvörur ehf.
Ferskar kjötvörur ehf. was represented by Mr. Arnar Þór Stefánsson, Supreme Court Attorney and partner at LEX.Back to news