‘NAV case’: ESA closes infringements proceedings against Norway after legislative changes

The EFTA Surveillance Authority (ESA) has today decided to close a case against Norway following legislative changes made to comply with EEA rules over individuals’ rights to retain sickness benefits abroad. A separate case, however, regarding remedies provided to individuals affected by the past breach of EEA law, remains open. 

In November 2019, ESA opened an own-initiative case to examine whether the national legislation and ensuing administrative practice regarding the retention of sickness benefits in cash when going to another EEA State complied with EEA law. Following this, ESA in November 2020 sent a letter of formal notice to Norway, and in June 2021 a reasoned opinion was issued.

The infringement procedure was based on, among other things, ESA’s view that the Norwegian Labour and Welfare Administration (NAV) wrongfully restricted the EEA rights of recipients of sickness benefits by requiring them to stay in Norway without due justification. This view was confirmed by the EFTA Court in a judgment issued on 5 May 2021, answering questions referred by the Supreme Court of Norway.

In November 2022, Norway adopted legislative amendments that set out that no prior authorisation from NAV for travel to other EEA States would be required. Furthermore, specified time-limits would no longer be applied when beneficiaries of a sickness benefit intend to travel to another EEA State. ESA has therefore decided to close this case.

In a separate case, however, ESA continues to examine whether Norway has provided individuals affected by the past practice with appropriate remedies.

Read ESA’s decision here.

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