Die Maßgeblichkeit der Judikatur des EuGH aus der Zeit nach Abschluss des EWR-Abkommens für dessen Auslegung

The Impact of ECJ Rulings Released After the Conclusion of the EEA Agreement on Its Interpretation
Article 6 EEA treaty states that provisions of this agreement, in so far as they are identical in substance to corresponding
rules of the treaty establishing the EEC and the treaty establishing the ECSC and to acts adopted in application of these two
treaties, shall be interpreted in conformity with the relevant rulings of the ECJ given prior to the date of signature of this
agreement.
Thomas Horvath analyzes to what extent rulings of the ECJ released after the conclusion of the EEA treaty bear relevance
for its interpretation. In this respect, the legal consequences of Article 6 EEA treaty are considered, in particular whether
this norm is only clarifying. Furthermore, Article 6 EEA treaty is compared to the corresponding provision in Article 16 of
the treaty between the EC and its Member States and the Swiss Confederation on the free movement of persons.