EFTA Surveillance Authority

06/11/2025 | Press release | Distributed by Public on 06/11/2025 07:14

ESA takes Iceland to court for failing to implement EEA rules on accessibility of public websites

The EFTA Surveillance Authority (ESA) has referred Iceland to the EFTA Court for not implementing the Web Accessibility Directive, which aims to reduce online barriers, especially for persons with disabilities.

Directive (EU) 2016/2102 aims to make public-sector websites and mobile applications more accessible, and to harmonise standards within the EEA, reducing barriers for developers of accessibility-related products and services. The goal is to ensure better access to public services, especially for people with disabilities.

The time limit to implement the rules and to notify ESA expired on 1 April 2024. Having received no notification from Iceland, ESA sent a letter of formal notice to Iceland in July 2024, and a reasoned opinion in November 2024. ESA does not have any information to suggest that the act has been implemented into the national legal order.

Therefore, by failing to implement the act into its national legal order and by failing to notify these to ESA, Iceland has failed to fulfil its obligations under the EEA Agreement.

ESA is responsible for ensuring that EEA law is properly implemented across the EEA EFTA States. Infringement proceedings can follow two main strands. The first concerns a complete or partial lack of incorporation of regulations or implementation of directives into the national legal order within the required deadlines. The second relates to incorrect implementation, where national authorities fail to implement or apply the incorporated EEA rules correctly. In this case, Iceland is being taken to court for failing to implement the relevant act within the set date.

A referral to the EFTA Court is the third and final stage in ESA's formal infringement proceedings against an EEA EFTA State. It is now up to the EFTA Court to rule on the matter.

In addition, ESA has referred six other cases to the EFTA Court, all concerning non-implementation of legal acts into the national legal order, four of which involve Iceland and two involve Liechtenstein. These cases primarily concern the modernisation of consumer protection laws.

Read ESA's decision here, here, here, here, here, here, and here.

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