The Supreme Court asks the EFTA Court for an advisory opinion
The Supreme Court has requested an advisory opinion from the EFTA Court in cases concerning the validity of refusals of applications for disability benefit.
The request was submitted on 9 February 2026.
Parties to the cases before the Supreme Court
Case no. 25‑036986SIV‑HRET (“the Spain case”):
A
(advocate John Christian Elden and Olaf Halvorsen Rønning)
v.
The State, represented by the Norwegian Directorate of Labour and Welfare
(Counsel Anders Narvestad)
Case no. 25‑056992SIV‑HRET (“the Germany case”):
B
(Counsel Jørn Are Gaski)
v.
The State, represented by the Norwegian Directorate of Labour and Welfare
(Counsel Anders Narvestad)
The cases have been joined for a consolidated hearing before the Supreme Court.
Subject matter of the cases
The validity of the rejection of applications for disability benefits. Whether the applicants meet the requirement of prior membership in the National Insurance Scheme through the aggregation of insurance periods from Norway and another EEA State. Section 12‑2 of the National Insurance Act and the Social Security Regulation.