A new request for an advisory opinion has been submitted to the EFTA Court in Case E-10/23, X v Finanzmarktaufsicht by the Appeals Board of the Financial Market Authority of Liechtenstein (Beschwerdekommission der Finanzmarktaufsicht).
The referring body, a non-judicial body, but whom has been confirmed previously by the EFTA Court to make requests for advisory opinions under Article 34 SCA, asks a rather novel question, at least as far as the EFTA pillar of the EEA is concerned.
The referring body wants to know whether, through the request for an advisory opinion procedure as provided for in Article 34 SCA (the equivalent of the Article 267 TFEU concerning requests for a preliminary references to the CJEU), where it believes an advisory opinion of the EFTA Court is needed, whether it can still make a request for an advisory opinion to the EFTA Court when a higher instance national court has, in the same set of proceedings, already given an answer on the matter?
More information on Case E-10/23, X v Finanzmarktaufsicht can be accessed on the EFTA Court’s website here.