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Summary of Recent Supreme Court Decisions

29 June 2007 NOKAS-judgment. Aggravated robbery resulting in death. Sentencing. Penal Code section 268 subsections 1 and 2, cf. section 267 subsections 1 and 3, cf. section 60a. Penal Code section 39c no. 1. Penal Code section 59.
 

The case concerns sentencing of 12 men convicted of aggravated robbery or aiding and abetting aggravated robbery at the premises of a cash counting service in Stavanger (NOKAS) during which a chief inspector of police was killed. It involves the level of sentence and the weight to be attached to the death of the policeman, to the fact that the robbery was perpetrated by an organised criminal group and that certain confessions were made late in the proceedings. For some of the convicted persons, it also involves whether protective custody should be ordered. Finally, the case also concerns sentencing of one of the convicted persons for aggravated robbery or aiding and abetting aggravated robbery of the Post Office mail centre.

Reference:             HR-2007-01184-A, case no. 2007/517, criminal appeal. 

28 June 2007 Contract law. Tenancy Act section 1-1. 

The issue in the case was whether the Tenancy Act, and thereby the limitation on the right to agree to advance payment of rent, applies to an agreement between a mother and daughter whereby the mother made a lump-sum payment to the daughter who used the money to partly finance the purchase of a house in return for a right for the mother to live in the house for the rest of her life.

Reference:             HR-2007-01175-A, case no. 2006/1918, civil appeal. 

28 June 2007 Sentencing. Bodily harm. Community service. 

The case concerns sentencing following conviction for bodily harm, see the Penal Code section 229 first sentencing alternative, including the question whether a community service order was an appropriate penalty.

Reference:             HR-2007-01174-A, case no. 2007/487, criminal appeal. 

28 June 2007 Sentencing. Bodily harm. Provocation. 

The case concerns sentencing following conviction for bodily harm, see the Penal Code section 229 second sentencing alternative, and in particular the weight to be attached to the victim’s provoking behaviour.

Reference:             HR-2007-01173-A, case no. 2007/226, criminal appeal. 

27 June 2007  Sentencing. Grievous embezzlement. Penal Code section 255 cf. section 256. Penal Code section 28a. 

The case concerns sentencing for grievous embezzlement of NOK 182 000 and, in particular, whether a community service order was an appropriate penalty.

Reference:            HR-2007-01166-A, case no. 2007/653, criminal appeal. 

27 June 2007  Criminal Procedure. Criminal Procedure Act section 276 subsection 4 first sentence. Criminal Procedure Act section 248 

The case concerns annulment of a conviction following a summary trial on a plea of guilty, partly because the offence in the case carried a maximum sentence of 10 years and was wrongly heard by a deputy judge, and partly because the accused’s confession was not entirely unreserved, see the Criminal Procedure Act section 248. 

Reference:             HR-2007-01165-A, case no. 2007/312, criminal appeal. 

26 June 2007  Tax law. Estimation of additional income. Tax Act section 13-1 subsections 1 and 3. 

The case concerns the legality of the tax assessment of Statoil ASA for the income years 2000 and 2001. The issue was whether an interest free loan that the company had granted to its wholly-owned subsidiary, Statoil Angola Block 17 AS, warranted the assessment of additional income for Statoil ASA pursuant to section 13-1 of the Tax Act.

Reference:             HR-2007-01145-A, case no. 2007/85, civil appeal. 

26 June 2007  Lottery case. State monopoly gaming machines. EEA law. 

The issue in the case was whether a statutory amendment, which gives Norsk Tipping AS the exclusive right to run slot machines, must be set aside as contrary to Articles 31 and 36 of the EEA Agreement, see Act of 27 November 1992 section 2. Article 31 concerns the right of establishment and Article 31 concerns the freedom to provide services in the EEA.

Reference:             HR-2007-01144-A, case no. 2005/1320, civil appeal; see also the Judgement of the EFTA Court in case E-1/06. 

21 June 2007 Tender. Act relating to public procurement section 10 and Regulation on public procurement section 1-2. 

The case concerns a claim for compensation for expectation interest from a tenderer in a tender competition governed by the rules on public procurement and involves, in particular, the implications of the fact that employees at the inviting company had dual roles.

Reference:             HR-2007-01124-A, case no. 2007/154, civil appeal. 

19 June 2007  Sentencing. Financial crime. Aggravated receiving of stolen goods. 

The case concerns sentencing for financial crimes and a confiscation order against persons who in good faith had received the proceeds of the crimes as gifts. The predominant offence in sentencing was aggravated receiving of stolen goods, see the Penal Code section 317 subsections 1 and 3 prior to a statutory amendment in 2006.

Reference:             HR-2007-01102-A, case no. 2007/440, criminal appeal. 

19 June 2007  Family law. Contact. Children Act section 48 subsection 1, section 42 subsection 1 and section 43 subsection 1. 

The case concerns a father’s claim for contact rights with his 9 year-old daughter with whom he had never lived. The Supreme Court held that he was entitled to contact as claimed.

Reference:             HR-2007-01101-A, case no. 2007/130, civil appeal. 

15 June 2007 Sentencing. Drug offence. Nitrazepam tablets. Penal Code section 162

subsections 1 and 3. Criminal Procedure Act section 306. 

The case concerns sentencing for the storage of 268 000 nitrazepam tablets. The Supreme Court expressed its views on the level of sentencing for dealings with nitrazepam, on the danger associated with nitrazepam and commented that weight should not be attached to the strength of the tablets unless the strength deviated substantially from the norm.

Reference:             HR-2007-01073-A, case no. 2007/192, criminal appeal. 

14 June 2007 Sentencing. Drug offence. Hashish. Penal Code section 162 subsections 1 and 2. 

The case concerns sentencing, and in particular the use of community service, where a 41 year-old man with no previous convictions was convicted of having on two occasions transported altogether 4.7 kg of hashish from Oslo to Trondheim.

Reference:             HR-2007-01068-A, case no. 2007/280, criminal appeal. 

12 June 2007  Legal authority for search. Self-defence. 

The issue in the case was whether there was statutory authority to carry out a search, see the Police Act section 10 cf. section 8 no. 3 and section 6, and whether the search could be warranted by self-defence if there was no statutory authority for it.

Reference:             HR-2007-01044-A, case no. 2007/267, criminal appeal. 

12 June 2007Bankruptcy. Protection against self-incrimination. Sentencing, confiscation, deduction for time held on remand in custody. 

The case concerns a conviction pursuant to the former provisions in section 281 subsection 3, cf. subsection 1 of the Penal Code on wrongful disposal of assets belonging to the estate and section 284 on preferential treatment of creditors. The issues included whether the right to protection against self-incrimination was violated, confiscation of property, sentencing and deduction for time held on remand in custody.

Reference:             HR-2007-01043-A, case no. 2007/259, criminal appeal. 

7 June 2007  Social security law. Young disabled persons. Additional pension. 

The case concerns a claim to have future pension points taken into account for persons who are disabled at a young age – guaranteed additional pension - pursuant to the provisions of the National Insurance Act section 3-21.

Reference:             HR-2007-01014-A, case no. 2006/1721, civil appeal. 

6 June 2007  Social security law. Additional pension. Young disabled persons. 

The case concerns the conditions that must be fulfilled in order to attain future pension points pursuant to the special rules for young disabled persons in the National Insurance Act section 3-21.

Reference:             HR-2007-01013-A, case no. 2007/501, civil appeal.
 

6 June 2007  Occupational injury. Industrial accident concept. 

The case concerns a claim for damages pursuant to the Occupational Injury Insurance Act. The issue before the Supreme Court was limited to whether the incident in question was deemed to be an industrial accident in the terms of the Occupational Injury Insurance Act section 11 subsection 1(a), cf. the National Insurance Act section 13-3 subsection 2, second sentence – the softer industrial accident concept. 

Reference:             HR-2007-01004-A, case no. 2007/82, civil appeal. 

6 June 2007  Insurance Agreements Act section 8-6 subsection 3.
 

The issue in the case was whether the notification rule in the Insurance Agreements Act section 8-6 subsection 3 applies to claims for recourse between insurance companies. 

Reference:             HR-2007-01003-A, case no. 2007/138, civil appeal. 

4 June 2007  Unreasonable contract terms. Day penalty. Mitigation. House Building Act. Contract Act section 36. 

The case concerns mitigation of a daily fine for breach of the time-limit for rectification of a defectively installed fireplace, where the work was done by subcontractors in connection with the building of a house.

Reference:             HR-2007-00981-A, case no. 2006/1927, civil appeal.

24 May 2007  VAT. Value Added Tax Act section 16 subsection 1 no. 8, cf. subsection 2(a). 

The case concerns the application of the VAT exemption rules to the sale of books in the retail segment of the distribution chain, see the Value Added Tax Act section 16 subsection 1 no. 8, cf. subsection 2(a) and the Regulation of the Ministry of Finance dated 20 December 1969 no. 2. The main issue was the interpretation of the words: “publications which, together with a product of another kind, comprise part of a common product unit” in section 2 no. 9 of the Regulation.

Reference:             HR-2007-00945-A, case no. 2006/1737, civil appeal. 

24 May 2007  Sentencing. Penal Code section 229, first sentencing alternative, cf. section 232, Penal Code section 228 subsection 2, first sentencing alternative, cf. section 232, Penal Code section 182 subsection 1, second sentencing alternative, Road Traffic Act section 31 subsection 1, cf. section 3, Road Traffic Act section 31 subsections 1, 2 and 3, cf. section 22 subsection 1. 

The case primarily concerns sentencing for assault and bodily harm and reckless driving, but also the quantification of compensation for non-economic loss to the victim of the assaults.

Reference: HR-2007-00944-A, case no. 2007/66, criminal appeal. 

16 May 2007  Sentencing. Penal Code section 342 subsection 1(c) and subsection 2. 

The case concerns sentencing for repeated breach of an interim exclusion order (injunction) for the protection of the convicted person’s former cohabitee, see the Penal Code section 342 subsection 1(c) and subsection 2.

Reference:             HR-2007-00899-A, case no. 2007/358, criminal appeal. 

16 May 2007 Employment law. Contract law. Breach of non-compete clause 

The case concerns an employer’s claim against a former employee for breach of a non-compete clause in the employment contract. The issue was whether there were grounds to claim damages, alternatively a right to the ex-employee’s enrichment. The proceedings before the Supreme Court were limited to the questions that the case raised on the application of law. 

Reference: HR-2007-00898-A, case no. 2006/1906, civil appeal. 

16 May 2007  Sentencing. Drug offence. Penal Code section 64, cf. section 62 and Penal Code section 162 subsection 3, cf. subsection 1, cf. subsection 5. 

The case concerns sentencing for the import of approx 9.6 kg amphetamine. The main issues were the relevance of a conviction in Finland for drug offences which was dated after the offence in the present case was perpetrated, and the fact that it had taken a long time for the case to be finally decided.

Reference:             HR-2007-00888-A, case no. 2007/257, criminal appeal. 

16 May 2007  Forced dissolution of limited liability company. Limited Liability Companies Act section 16-15 subsection 1 no. 5. 

The case concerns the forced dissolution of a limited liability company, whose registered office was on Svalbard (Spitzbergen), because of the company’s failure to submit its annual accounts to the Norwegian Register of Business Enterprises, see the Limited Liability Companies Act section 16-15 subsection 1 no. 5. The main issue was whether the duty to submit annual accounts pursuant to the Accounts Act section 8-2 also applies to such companies.

Reference:             HR-2007-00887-A, case no. 2006/1831, civil interlocutory appeal. 

16 May 2007 Sentencing for arson. Penal Code section 148, first sentencing alternative.

The case concerns sentencing where the predominant offence was arson.

Reference:             HR-2007-00884-A, case no. 2007/359, criminal appeal. 

16 May 2007  Protective custody. Penal Code section 192 subsection 1, second sentencing alternative and Penal Code section 192 subsection 1(a) and (b), cf. subsection 2(a). 

The main issue in the case was whether a protective custody order should be made against a 22 year-old man with no previous convictions following conviction for four counts of rape, or whether a time-limited prison sentence should be imposed. It also concerns the principles for the measure of compensation for non-economic loss in a rape case that happened in 1999.

Reference:             HR-2007-00883-A, case no. 2007/238, criminal appeal. 

14 May 2007  Corporate penalty. Penal Code section 48a subsection 2. 

The case concerns the imposition of a corporate penalty against a one-man enterprise. The principal issue was whether a corporate penalty can be imposed against a one-man enterprise that has no employees and does not engage any independent contractors. 

Reference:             HR-2007-00866-A, case no. 2006/1887, criminal appeal. 

14 May 2007  Inheritance law. Common law marriage. Testamentary disposition. Disposition inter vivos. 

The case concerns the distinction between testamentary dispositions and dispositions inter vivos in connection with an agreement which, among other things, transferred half of a dwelling house to a common law partner. 

Reference: HR-2007-00865-A, case no. 2006/1632, civil appeal. 

11 May 2007  Sentencing. Drug offence. Penal Code section 162 subsections 1 and 2. Implementation of Sentences Act section 12. 

The case concerns sentencing in a narcotics case, including whether part of a prison sentence should be suspended on account of the convicted person’s prospects of rehabilitation.

Reference:             HR-2007-00858-A, case no. 2007/324, criminal appeal. 

10 May 2007 Sentencing. Aggravated theft. Penal Code section 60a. 

A number of people were convicted of breaking into and stealing money from slot machines and for criminal damage. The issue in the case was whether they could be deemed to be members of an “organised criminal group” pursuant to the Penal Code section 60a. It also concerns sentencing. 

Reference:             HR-2007-00844-A, case no. 2007/73, criminal appeal. 

8 May 2007  Application of law. Sentencing. Gross breach of trust. Penal Code section 275 subsections 1 and 2, cf. section 276. Penal Code section 270 subsection 1 no. 1, cf. subsection 2. Penal Code Implementation Act section 12. 

The case concerns the application of law in a case on breach of trust, sentencing for gross breach of trust, fraud, attempted fraud, and the determination of the measure of compensation. 

Reference:             HR-2007-00832-A, case no. 2007/214, criminal appeal. 

8 May 2007Social security law. Medical benefits for occupational injury. National Insurance Act sections 5-25 and 5-14. 

The case concerns the validity of a rejection by the National Insurance Court of an application for medical benefits for occupational injury. The issue was whether section 5-25 of the National Insurance Act should be interpreted subject to the limitations in the general rule in section 5-14 on benefits to cover expenses for medicines, or whether it is an independent provision that gives an injured person a general right to benefits to cover necessary expenses for medicines that can alleviate the consequences of the injury.

Reference:             HR-2007-00831-A, case no. 2006/869, civil appeal. 

7 May 2007  Damages for non-economic loss. Breach of right of privacy. Compensation Act section 3-6, Penal Code section 390 subsection 1, ECHR Articles 8 and 10. 

The case concerns a claim for compensation for non-economic loss following three reports in the “Se & Hør” weekly magazine which were alleged to violate the right of privacy.

Reference:             HR-2007-00823-A, case no. 2006/1380, civil appeal. 

3 May 2007Confiscation. Penal Code section 35 subsection 2. 

The case concerns confiscation of a car that was used in connection with theft, see the Penal Code section 35 subsection 2.

Reference: HR-2007-00800-A, case no. 2007/276, criminal appeal. 

3 May 2007 Criminal Procedure. Criminal Procedure Act section 343 subsection 2 no. 8, cf. section 40. 

The issue in the case was whether the grounds of the judgement of the district court prevented the review of an appeal, see the Criminal Procedure Act section 343 subsection 2 no. 8 cf. section 40. 

Reference:             HR-2007-00799-A, case no. 2007/229, criminal appeal. 

3 May 2007  Immigration law. Deportation. Reversal of decision. Judicial review. 

The case concerns the validity of a refusal by the Immigration Appeals Board to reverse an earlier deportation order pursuant to the Immigration Act section 30 subsection 2 b, cf. subsection 3, including the question of the court’s power of judicial review. The Supreme Court endorsed the judgement of the Court of Appeal, which upheld the deportation order.

Reference:             HR-2007-00798-A, case no. 2006/1956, civil appeal. 

3 May 2007 Sentencing. Drink-driving. Aggravating circumstances related to the convicted person’s driving. 

The case concerns sentencing for breach of the Road Traffic Act section 31 cf. section 22 and section 10. The issue in the case was whether, in addition to a fine, it was sufficient to impose a suspended prison sentence conditional on the convicted person agreeing to participate in a rehabilitation course for drink-drive offenders.

Reference:             HR-2007-00797-A, case no. 2007/150, criminal appeal. 

3 May 2007  Road Act section 7. Public authority. Contract. 

The issue in the case was whether a local authority was contractually bound to keep a local authority road open, see the Road Act section 7 subsection 3. 

Reference:             HR-2007-00796-A, case no. 2006/1738, civil appeal. 

4 May 2007Impartiality. Courts of Justice Act section 106 nos. 7 and 9, section 108. 

In a pending case on the constitutionality of certain provisions of the Ground Lease Act, which was to be heard by the Supreme Court sitting in plenary, the Court found that 11 justices were incompetent to hear the case on the grounds of impartiality, see the Courts of Justice Act section 106 nos. 7 and 9 and section 108. 

Reference:             HR-2007-00818-P, case nos. 2007/237, 2007/350 and 2007/410, civil appeals. 

2 May 2007 Community service. Breach of conditions. Penal Code section 28b. 

The case concerns service of the residual term of a subsidiary prison sentence following breach of the conditions for a community service order.

Reference:             HR-2007-00785-A, case no. 2007/182, criminal appeal. 

2 May 2007 Assault of train conductor. Penal Code section 127 subsection 1 – “official act”. 

The case concerns conviction pursuant to the Penal Code section 127 for assault of a train conductor and, in particular, interpretation of the term “performance of an official act” in section 127 subsection 1 of the Penal Code.

Reference:             HR-2007-00783-A, case no. 2006/1950, criminal appeal. 

2 May 2007  Professional liability of a lawyer. Tax Act 1911 section 43 subsection 2 d, see now Tax Act 1999 section 9-3 subsection 2 b. 

The case concerns a client’s claim for damages against his lawyer who had negligently exceeded a time-limit in a tax case. The issue was whether there was causation between the lawyer’s omission and the loss allegedly suffered by the client because the appeal was filed out of time. The Supreme Court was required to make a provisional ruling on whether it would have come to another conclusion on the substantial issue in the case than the courts in the lower instance if the Supreme Court had heard the appeal on its merits in 2004. 

Reference:             HR-2007-00782-A, case no. 2006/1851, civil appeal. 

24 April 2007  Right of way. Land Act 1955 section 20. 

The case concerns a contract granting a right of way. The issue was whether the right of way, which under threat of expropriation was agreed for residential and agricultural user of the property, applied unchanged when the land, after time, was used only for recreational purposes.

Reference:             HR-2007-00751-A, case no. 2006/1634, civil appeal. 

24 April 2007  Community service. Penal Code section 268 subsection 1 cf. section 267, Penal Code section 132a subsection 1(a)

The case concerns sentencing following conviction for robbery and threats made against the victim of the robbery with the purpose of stopping him from reporting the offence. The main issue before the Supreme Court was whether a community service order should be imposed.

Reference:            HR-2007-00753-A, case no. 2007/28), criminal appeal.

20 April 2007  Road Traffic Act section 31 subsection 1, cf. section 5 subsection 1 cf. subsection 2, Number Plate Regulations section 8.

The case concerns sentencing for a serious speeding offence. The main issue before the Supreme Court was whether an unconditional prison sentence or a community service order should be imposed following conviction for driving at a speed of 134 km/hour in an 80 km/hour zone.

Reference:            HR-2007-00735-A, case no. 2007/227, criminal appeal.

The case concerns sentencing for speeding and, in particular, whether a community service order should be imposed following conviction for driving at a speed of 97 km/hour in a 50 km/hour zone.

Reference:            HR-2007-00734-A, case no. 2007/71, criminal appeal.

20 April 2007  Consent to adoption. Child Welfare Act section 4-20.

Reference:            HR-2007-00732-A, case no. 2006/1834), civil appeal.

19 April 2007   Redemption of allodial land. Allodial Rights Act section 23 cf. section 1.

The issue in the case was whether a “change of circumstances“ meant that the property could no longer be used as agricultural land, see the Allodial Rights Act section 23 cf. section 1. 

Reference:            HR-2007-00725-A, case no. 2006/1841, civil appeal.

29 March 2007  Sentencing. Penal Code section 195 subsection 1, first sentencing alternative

The case concerns sentencing following conviction of a 45-year-old man for one count of sexual intercourse with a girl aged 12 years and 11 months, see the Penal Code section 195 subsection 1, first sentencing alternative.

Reference: HR-2007-00623-A, case no. 2006/1879, criminal appeal.

29 March 2007  Duty of care pursuant to the Dogs Act section 28 subsection 1.

The case concerns the requirements of the duty of care pursuant to the criminal provision in section 28 subsection 1, cf. section 4 subsection 3 of the Dogs Act.

Reference: HR-2007-00622-A, case no. 2007/47, criminal appeal.

29 March 2007  Application of law. Animal Welfare Act sections 4 and 5a.

The case concerns the Court of Appeal’s application of law in a conviction for breach of sections 4 and 5a of the Animal Welfare Act. More particularly, the case concerns the question of aiding and abetting and who can be deemed to own or have custody of an animal in the terms of the Act. The appellant was acquitted.

Reference: HR-2007-00621-A, case no. 2006/1922, criminal appeal.

29 March 2007  Sentencing. Protective custody. Penal Code section 233 subsection 1 cf. section 49.

The case concerns the penalty to be imposed for attempted murder, assault, threats and other offences. The question before the Supreme Court was whether a protective custody order should be imposed.

Reference: HR-2007-00620-A, case no. 2006/1949, criminal appeal.

29 March 2007  Criminal procedure. Fine for contempt of court. Right of appeal.

The issue in the case was whether a party who has made a petition for a fine for contempt of court to be imposed on the other party can appeal against a decision of the court to dismiss the petition. The interlocutory appeal was dismissed.

Reference: HR-2007-00619-A, case no. 2006/1837, criminal interlocutory appeal.

28 March 2007  Reappraisal. Compensation. Magnetic field. Neighbouring Properties Act section 2.

The case concerns the application of law and procedure in a reappraisal concerning the compensation due to landowners on whose land there was built a high-voltage transmission installation. The main issue in the case was whether a magnetic field of 0.4 microtesla or more in a private dwelling exceeds the tolerance level in section 2 of the Neighbouring Properties Act. The reappraisal was quashed in so far as it was appealed and remitted back to the Court of Appeal for continued hearing.

Reference: HR-2007-00607-A, case no. 2006/1279, civil appeal.

21 March 2007  Defiance of the legal system. Penal Code section 132a.

The appeal concerns the application of law and sentencing in a case concerning breach of section 132a of the Penal Code on defiance of the legal system.

Reference: HR-2007-00562-A, case no. 2006/1377, criminal appeal.

The case concerns the imposition of a combined sentence in circumstances where the convicted person had been released from prison on parole and, in breach of the conditions for the parole, had committed new criminal offences in the parole period, see the Implementation of Sentences Act section 45 and the Penal Code section 28 b.

Reference: HR-2007-00537-A, case no. 2006/1913, criminal appeal.

19 March 2007  Compensation. Exclusion of liability. The Pollution Act 1981 section 24a.

The case concerns a claim for compensation pursuant to the Pollution Act section 24a after a flow-back of sewage in a public drain caused flooding. The main issue was whether an exclusion of liability clause in the terms for connection to the public water and sewage system absolved the local authority of any liability.

Reference: HR-2007-00522-A, case no. 2006/1335, civil appeal.

19 March 2007  Compensation for loss of winnings

The case concerns a claim for compensation for winnings that a player did not get when he was prevented from placing a bet because the betting vouchers were wrongly marked.

Reference: HR-2007-00521-A, case no. 2006/1381, civil appeal.

16 March 2007 Act relating to alternative medicine etc section 9.

The case concerns an appeal by the prosecution against the application of law and procedure after the accused was acquitted for breach of the Act relating to alternative medicine section 9 subsection 1 cf. sections 6 and 7. The issue before the Supreme Court was whether the indictment was brought by the proper prosecuting authority and the implications of an error in this regard.

Reference: HR-2007-00519-A, case no. 2006/1824, criminal appeal.

16 March 2007 Children Act section 48.

Reference: HR-2007-00518-A, case no. 2006/1669, civil appeal.

16 March 2007  Sentencing. Child pornography.

The case concerns sentencing for the possession of child pornography, see the Penal Code section 204 subsection 1 (d) as it applied prior to a statutory amendment of 20 May 2005 no 29, and for sexual assault of a child below 16 years of age, see the Penal Code section 201 (c).

Reference: HR-2007-00516-A, case no. 2006/1805, criminal appeal.

14 March 2007  Injunction. Television program about police methods of investigation.

The issue in the case was whether an injunction that prohibited the broadcasting of a television program about methods of investigation used by the police was in breach of Article 100 of the Constitution or violated Article 10 of the European Convention on Human Rights.

Reference: HR-2007-00506-A, case no. 2006/1694, civil interlocutory appeal.

14 March 2007  Sentencing. Amphetamine. Penal Code sections 162 and 60a.

The case concerns sentencing in a case where the predominant offence was the organised import and sale of a very large quantity of amphetamine, see the Penal Code section 162 subsection 3 first sentence combined with section 60a.

Reference: HR-2007-00498-A, case no. 2006/1698, criminal appeal.

13 March 2007  Limitation. The Limitation Act section 3.

The cases concerns limitation of a claim for compensation for breach of contract in connection with the delivery of steel cables, see the Limitation Act section 3.

Reference: HR-2007-00494-A, case no. 2006/1584, civil appeal.

 13 March 2007  The Ground Lease Act 1996 section 6.

The issue in the case was whether a payment made in connection with the acquisition of right to a ground lease was in violation of the prohibition against requiring payment of a subsidy as a condition for a ground lease in section 6 of the Ground Lease Act.

Reference: HR-2007-00493-A, case no. 2006/1686, civil appeal.

8 March 2007  Tax law. Taxation Act 1911 section 44 subsection 1 and the Taxation Act 1999 section section 6-1 (1). Company Taxation Act 1991 section 3-2 no. 2 and Taxation Act 1999 section 10-11 (2). Tax Assessment Act section 10-2.

The case concerns the validity of the tax assessment of the power company Lyse Energi AS for the fiscal years 1999 and 2000. The main question was whether the company was entitled to tax deductions for four payments to shareholders – the local authorities that owned the company – totalling approximately NOK 249 million in 1999 and NOK 266 million in 2000.

Reference: HR-2007-00470-A, case no. 2006/1077, civil appeal.

3 March 2007  Sentencing. Rape. Penal Code section 192 subsection 1 (a), cf. subsections 2(a) and 3(c).

The case concerns sentencing following conviction for rape.

Reference: HR-2007-00455-A, case no. 2006/1842, criminal appeal.

1 March 2007  Deduction from sentence. Alternative to remand in custody

The issue in the case was whether an alternative to remand in custody was deemed to be ”custody pending trial” which entitled the convicted person to have the period deducted from the sentence pursuant to the Penal Code section 60.

Reference: HR-2007-00422-A, case no. 2006/1625, criminal appeal.

1 March 2007  Sentencing. Drug offence. Admission. Penal Code section 162 subsections 1 and 2, cf. subsection 5

The case concerns sentencing following conviction for dealings with 1.5 kg amphetamine, including the reduction of sentence to be granted on account of the convicted person’s admission, see the Penal Code section 59 subsection 2.

Reference: HR-2007-00420-A, case no. 2006/1700, criminal appeal.

27 February 2007  Employer’s contribution. Payments in kind. Expenses. Government regulation on advance tax deduction for reimbursement of expenses

The case concerns liability for employer’s contribution on certain payments in kind and reimbursement of expenses paid out by a Norwegian company to employees serving abroad.

Reference: HR-2007-00397-A, case no. 2006/1032, civil appeal.

26 February 2007  Compensation. Compulsory purchase.

The case concerns the determination of compensation to be paid following compulsory purchase of land in connection with the implementation of a development plan. The issue in the case was whether the compensation for a quay area with structures and two warehouses, which were owned by the parent company in a concern but used in connection with industrial production undertaken by a wholly-owned subsidiary of the parent, should be fixed on the basis of the replacement value.

Reference: HR-2007-00388-A, case no. 2006/1256, civil appeal.

26 February 2007  Validity of development plan

The case concerns the validity of a development plan where a property along a beach was regulated as a recreation area pursuant to the Plan and Building Act section 25 no. 4.

Reference: HR-2007-00387-A, case no. 2006/1350, civil appeal.

21 February 2007  Sentencing. Insider trading.

The case concerns sentencing following conviction for insider trading, see section 14-3, cf. section 2- of the Securities Trading Act.

Reference: HR-2007-00363-A, case no. 2006/1600, criminal appeal.

15 February 2007  Criminal case. Drug offence

The case concerns the legality of a provocation by the police in a narcotics case.

Reference: HR-2007-00328-A, case no. 2006/1699, criminal appeal.

15 February 2007  Sentencing for drink-driving. Road Traffic Act section 31, subsections 1 to 3, cf. section 22 subsection 1

The case concerns sentencing following conviction for drink-driving where the driver was under 18 when the offence was committed.

Reference: HR-2007-00327-A, case no. 2006/1729, criminal appeal.

15 February 2007  Validity of reversal of dispensation from local development plan, see the Planning and Building Act

A local authority had granted a dispensation from a development plan pursuant to section 7 of the Planning and Building Act. The county administrator reversed the dispensation. The case concerns the validity of the decision to reverse the dispensation and gives rise to questions concerning the power of the courts to exercise judicial review over such dispensation decisions.

Reference: HR-2007-00326-A, case no. 2006/1362, civil appeal.

15 February 2007  Establishment of limitation fund following a shipwreck

The case concerns a petition for the establishment of a limitation fund following the shipwreck of the cargo ship MS Rocknes. The issue in the case was whether the amount in the fund should be determined pursuant to the Maritime Act Chapter 9 Part III, cf. the London Convention on Limitation of Liability for Maritime Claims 1976 or pursuant to the Maritime Act Chapter 9 Part II, cf. the 1996 Protocol to the London Convention.

Reference: HR-2007-00325-A, case no. 2006/1449, civil interlocutory appeal.

15 February 2007 Social Services Act section 10-3.

The county administrator had made a decision pursuant to the Social Services Act section 10-3 that determined which local authority was financially responsible for the nursing costs of a severely handicapped person. The issue in the case was whether the courts have power to review the county administrator’s decision and whether the court order dismissing the claim constituted a bar to new proceedings for review of the same administrative decision.

Reference: HR-2007-00324-A, case no. 2006/1278, civil appeal.

15 February 2007  Claim by estate in bankruptcy against its auditor. Limitation. Limited Liability Companies Act sections 2-18 and 2-19.

The case concerns a claim pursuant to section 2-19 of the Limited Liability Companies Act which was brought by the estate in bankruptcy against the auditor of the bankrupt company, including the question of limitation.

Reference: HR-2007-00318-A, case no. 2006/1329, civil appeal.

13 February 2007  Tax assessment. Employment income for principal shareholder. Anti-avoidance rules. Taxation Act 1911 section 58.

The case concerns the validity of the tax assessment of the limited liability company Hex AS for the fiscal years 1998 and 1999 and the tax assessment of the limited liability company Civil Engineer Erling Bjartnes AS for the fiscal year 1999. 64 % of the shares in Hex AS were held by Mr Geir Edvardsen and 36% by Mr Erling Bjartnes, whilst 64 % of the shares in Civil Engineer Erling Bjartnes AS were held by Erling Bjartnes and 36% by Geir Edvardsen. The issue in the case was whether this cross-ownership justified the application of the anti-avoidance rules when determining the employment income of the principal shareholders in the two companies.

Reference: HR-2007-00309-A, case no. 2006/1250, civil appeal.

12 February 2007  Protective custody. Penal Code section 39 c no. 1.

The appellant was convicted of murder and two attempted murders. The issue before the Supreme Court was whether a protective custody order should be made or whether a fixed term of imprisonment would be sufficient to protect the public in this case.

Reference: HR-2007-00297-A, case no. 2006/1514, criminal appeal.

12 February 2007  Protective custody. Penal Code section 39 c no. 1.

The issue in the case was whether a protective custody order should be made pursuant to the Penal Code section 39 c no. 1.

Reference: HR-2007-00296-A, case no. 2006/1517, criminal appeal.

12 February 2007  Validity of termination of agreement on operation subsidy. Public Administration Act sections 17 and 35.

The case concerns the validity of termination by A local authority had terminated certain agreements with physiotherapists in private specialist practices which entitled them to an operation subsidy pursuant to the Municipal Health Services Act. The termination reduced the operating subsidies from 100 percent to 20 percent. The case concerns the validity of the termination and claims for compensation.

Reference: HR-2007-00295-A, case no. 2006/451, civil appeal.

12 February 2007  Compensation following industrial injury. Industrial Injury Insurance Act section 11.

The case concerns a claim for compensation following an industrial accident where an electrician fell from a lift and subsequently developed paranoid schizophrenia. The issue in the case was whether there was foreseeable causal causation between the accident and the mental disorder.

Reference: HR-2007-00294-A, case no. 2006/1113, civil appeal.

12 February 2007  Compensation. Mental injury. Car accident

The case contains a claim for compensation for mental injury following a car accident. The issue was whether there was a foreseeable causal connection between the accident and the injury.

Reference: HR-2007-00293-A, case no. 2006/847, civil appeal.

The case concerned the valuation principle to be applied in determining the property tax applicable to the disembarkation plant owned by Luossavaara-Kiirunavaara AB in Narvik in the North of Norway.

Reference: HR-2007-00271-A, case no. 2006/790, civil appeal.

5 February 2007    Value added tax. Joint registration. Value Added Tax Act section 12. EEA Agreement art. 31 and 36, cf. art. 4

The case concerns the validity of a decision of the Directorate of Taxes which disallowed joint registration in the VAT-register.

Reference: HR-2007-00257-A, case no. 2006/1317, civil appeal.

5 February 2007    Labour law. Temporary Employment

The issue in the case was whether a temporarily employed worker had a right to claim permanent employment. The employer had failed to comply with the requirement in section 55B of the Employment Act of 1977 (now section 14-5 of the Employment Act 2005) that the employment contract shall be in writing. The question before the Supreme Court was whether the consequence of this was that there shall be deemed to be an ordinary continuing employment relationship. If the requirement that the employment contract shall be in writing is only a rule of conduct, the question in the alternative was what is required in order that the employment shall be deemed to be temporary.

Reference: HR-2007-00255-A, case no. 2006/1174, civil appeal.

1 February 2007    Right of access to private land. The Outdoor Recreation Act sections 7, 8 and 9

The case concerns the exercise of the right of access over a number of small islands in the Mefjord inlet off the coast of Sandefjord in the South of Norway. The main issue in the case was how far the right of the general public to stay, bathe and moor pleasure boats on the islands reaches as against the rights of landowners who also own adjoining holiday homes on the mainland.

Reference: HR-2007-00238-A, case no. 2006/1170, civil appeal.

25 January 2007    The Valuation Act section 28 and its application to the valuation of fire damage. Grounds for valuation. Impartiality

The case concerns the validity of a valuation and supplementary valuation of fire damage, including the question whether the requirements relating to grounds for the valuation and impartiality were satisfied.

Reference: HR-2007-00204-A, case no. 2006/665, civil appeal.

18 January 2007 Sentencing. Penal Code section 56 (c) and section 59 subsection 2 

 The case concerns sentencing of a mildly mentally handicapped 41-year-old man following conviction for one count of sexual assault equivalent to sexual intercourse with a girl aged 13 years and 11 months. The issue in the case was whether the sentence should be fixed at below the minimum sentence of two years’ imprisonment, see the Penal Code section 56 (c) and section 59 subsection 2.

Reference:            HR-2007-00130-A, case no. 2006/1747 criminal appeal. 

15 January 2007 Penal Code section 127. «Public servant»  

 The issue in the case was whether a medical practitioner who worked at an intermunicipal casualty clinic was deemed to be a public servant in the terms of the Penal Codes section 127.

Reference:            HR-2007-00086-A, case no. 2006/1707, criminal appeal. 

15 January 2007 Presumption of innocence. ECHR Article 6(2) 

The case concerns the presumption of innocence in Article 6(2) of the European Convention on Human Rights. The first main question was whether the presumption had been violated when the court found the accused not guilty of rape of a child under 16 years of age but thereafter attached weight to the fact that the sexual intercourse had been rape when it discussed the rule on impunity from sanction in section 196 of the Penal Code (sexual assault including intercourse). The second main question was whether the court of appeal had formulated the grounds for the award of compensation for non-economic loss to the victim in such a way that it cast doubt on the accused’s criminal innocence.

Reference:            HR-2007-00085-A, case no. 2006/1624, criminal appeal. 

12 January 2007 Sentencing. Bodily harm. 

The case concerns sentencing for breach of the Penal Code section 229 first sentencing alternative (occasioning bodily harm). A particular issue in the case was whether the court of appeal, after the jury had answered no to the additional question of whether the bodily harm had caused illness or inability to work lasting more than two weeks, could have regard to such consequences when passing sentence.

Reference:            HR-2007-00075-A, case no. 2006/1696, criminal appeal. 

9 January 2007 Criminal law. Perjury. The term ”public authority” in the Penal Code section 166 subsection 1. Sentencing. 

The issue in the case was whether the College of Higher Education in Stavanger, now the University of Stavanger (UIS), shall be deemed to be a ”public authority” in the terms of the Penal Code section 166 subsection 1 on perjury when it makes decisions on student admissions. The case also concerns sentencing following conviction for perjury.

Reference:            HR-2007-00045-A, case no. 2006/1687, criminal appeal. 

9 January 2007 Civil procedure. Prosessing of case 

The issue in the case was whether the court of appeal had committed a procedural error when it allowed the prosecution to present a note containing information about four reports to the police about matters that were similar to the matter for which the accused was now indicted, but where no charges had been brought or the charges had been dropped. 

Reference:            HR-2007-00044-A, case no. 2006/1764, criminal appeal. 

8 January 2007 Interpretation of a will. 

The case concerns interpretation of a will.

Reference:            HR-2007-00038-A, case no. 2006/1247, civil appeal. 

4 January 2007 Sentencing. Speeding. Road Traffic Act section 33, section 31 and section 5.

The case concerns sentencing following conviction for speeding. The main issue was whether the court should rely on the registered result of a speed test carried out using a laser speed detector.

3 January 2007 Sentencing. Falsified passport. Penal Code section 182 subsection 1, second sentencing alternative 

The case concerns sentencing following conviction for having used a falsified Iranian passport, see the Penal Code section 182.

Reference:            HR-2007-00009-A, case no. 2006/1585, criminal appeal. 

2 January 2007    Social security law. Civil procedure. Dismissal of legal action 

The case concerns dismissal of a legal action pursuant to the Social Security Tribunal Appeals ct section 23 concerning the validity of the decisions of the Social Security Tribunal. The order of the court of appeal was quashed and the case was referred back to the court of appeal for a retrial.

Reference:            HR-2007-00002-A, case no. 2006/832, civil interlocutory appeal. 

22 December 2006 Landlord and tenant law. Contract law. Redemption. Shared-ownership apartments 

The issue in the case was whether the landlord of shared-ownership apartments was entitled to redeem the tenants’ mortgage debentures that secured their deposits.

Reference:            HR-2006-02156-A, case no. 2006/1292, civil appeal. 

22 December 2006 Limitation. Damages. Limitation Act section 3

The case concerns the date on which the limitation period begins to run for a claim for compensation for fire damage caused by the faulty installation of electric wiring. The issue was whether the limitation period started to run from the date when the wiring was installed or from the date of the fire.

Reference:            HR-2006-02155-A, case no. 2006/1138, civil appeal. 

21 December 2006 Insurance fraud. Sentencing. Community service 

The case concerns an appeal against a conviction for insurance fraud, see the Penal Code section 272 subsection 1, second sentence.

Reference:            HR-2006-02143-A, case nos. 2006/1326 and 2006/1345, criminal appeals. 

21 December 2006  Sentencing. Letting of premises for prostitution. Penal Code section 202 subsection 1(b)

The case concerns sentencing of a man who was convicted of having let out premises to be used for prostitution, see the Penal Code section 202 subsection 1(b). 

Reference:            HR-2006-02140-A, case no. 2006/1507, criminal appeal. 

21 December 2006 Sentencing. Military Penal Code section 34 subsection 2, second sentencing alternative, cf. subsection 1 

The case concerns sentencing following conviction for failing to report to compulsory military service.

Reference:            HR-2006-02146-A, case no. 2006/1343, criminal appeal. 

21 December 2006 Impartiality of judge. Courts of Justice Act section 108 

A judge had made an order to remand the accused in custody pending trial pursuant to the Criminal Procedure Act section 171 subsection 1 no. 3. The issue in the case was whether the judge’s impartiality could thereby be deemed to be impaired so that he was incompetent pursuant to the Courts of Justice Act section 108 to participate in the subsequent criminal trial where the prosecution’s plea was for loss of civil rights pursuant to the Penal Code section 29.

Reference:            HR-2006-02144-A, case no. 2006/1509, criminal appeal. 

15 December 2006 Interest for payment in arrears of social security benefits. ECHR 

The issue in the case was whether the rule in section 22-17 of the National Insurance Act, which provides that interest is not payable when occupational injury benefit or other social security benefits is paid in arrears, is in violation of the prohibition against discrimination in Article 14 of the European Convention on Human Rights, cf. Article 1 of Protocol 1 dated 20 March 1952, and whether the rule in the National Insurance Act must be set aside pursuant to the Human Rights Act section 3. 

Reference:            HR-2006-02110-A, case no. 2006/668, civil appeal. 

15 December 2006 Family reunion – pro forma marriage 

The issue in the case was whether a marriage between a Pakistani man and a Norwegian woman was bona fide and thereby entitled the Pakistani man to a residence and work permit in Norway, see the Immigration Act section 9.

Reference:            HR-2006-02109-A, case no. 2006/807, civil appeal. 

15 December 2006 Taxation Act (1911) section 53 subsection 1 fourth sentence 

The case concerns the right to carry forward losses following the sale of a business enterprise, see the Taxation Act 1911 section 53 subsection 1, fourth sentence, and gives rise to questions concerning the application of the provision to the winding-up of an enterprise over time.

Reference:            HR-2006-02108-A, case no. 2006/656, civil appeal

15 December 2006 Social security law. Occupational injury. Football injury 

The case concerns the rejection of a claim that a football injury was an occupational injury pursuant to the National Insurance Act section 13-3. The main issue concerns interpretation of the term “employment injury” in section 13-3 subsection 2 of the Act.

Reference:            HR-2006-02107-A, case no. 2006/1135, civil appeal. 

13 December 2006 Damages. Compensation for non-economic loss. Unlawful prosecution. Criminal Procedure Act section 446 subsection 1(b) 

The issue in the case was whether an award of damages and compensation for non-economic loss for unlawful prosecution should be reduced because the accused had given cause to the investigations that were made, see the Criminal Procedure Act section 446 subsections 1(b).

Reference:            HR-2006-02095-A, case no. 2006/735, civil appeal. 

8 December 2006 Property tax. Electronic device. Digital Subscriber Line Access Multiplexer (DSLAM). Catch Communications ASA

The issue in the case was whether a local authority could charge property tax on an electronic device - a DSLAM-box – which was owned by a broadband company and installed in a Telenor telephone exchange, see the Property Tax Act section 4 subsection 2, third and fifth sentence.

Reference:            HR-2006-02070-A, case no. 2006/311, civil appeal. 

8 December 2006 Property tax. Telenor’s telecommunications network

The case concerns the validity of an administrative decision of a local authority to charge property tax on property connected to Telenor’s telecommunications network and, in particular, the extent of the tax obligation, see the Property Tax Act section 4 subsection 2, second and third sentence of.

Reference:            HR-2006-02069-A, case no. 2006/632, civil appeal. 

8 December 2006 Sentencing. Fine. Failure to submit tax return. Tax Assessment Act section 12-1 no. 1 (d), cf. chapter 4

The case concerns the imposition of a fine for failure to submit a pre-completed tax return, including the level of the surtax (in percent) to be incorporated into the fine.

Reference:            HR-2006-02066-A, case no. 2006/1321, criminal appeal. 

8 December 2006 Duty to provide information. Tax Assessment Act section 12-1 no. 1(a) cf. section 4-1. 

The case concerns the application of the Tax Assessment Act section 12-1 no. 1(a). The main issue in the case was whether there was a duty to provide information pursuant to the Tax Assessment Act section 4-1 even though in the circumstances of the present case the information in question was irrelevant to the taxpayer’s actual tax assessment.

Reference:            HR-2006-02065-A, case no. 2006/1495, criminal appeal. 

8 December 2006 Verbal cooperation agreement on purchase of woodland 

The issue in the case was whether two bidders had concluded a binding verbal cooperation agreement concerning the purchase in equal shares of a woodland and other outlying area of land. If the answer was no, the question to be determined was whether there was liability in damages for breach of the duty of loyalty during the negotiations. 

Reference:            HR-2006-02061-A, case no. 2006/373, civil appeal. 

7 December 2006 Tax law. Assessment law. Anti-avoidance rules 

The main question in the case was whether the anti-avoidance rules should apply to section 13-1 of the Taxation Act in circumstances where a participant in a general partnership had worked for the partnership without salary and, in that case, what effect the anti-avoidance rules would have in relation to the rules in the Taxation Act on the ”split-model” of taxation. The case also gives rise to questions concerning the application of surtax. The case concerns review of a tax assessment for 2001 pursuant to rules that have subsequently been amended. All references to tax rules are references to the rules for 2001 only.

Reference:            HR-2006-02054-A, case no. 2006/558, civil appeal. 

4 December 2006 Reopening of case. Prosecution. Article 4 Protocol 7 ECHR 

The issue in the case was whether Article 4 of Protocol 7 to the European Convention on Human Rights constituted a bar to the reopening of a prosecution after prosecution proceedings had been dropped due to insufficient evidence, see section 74 subsection 1 of the Criminal Procedure Act.

Reference:            HR-2006-02034-A, case no. 2006/1221, criminal appeal. 

4 December 2006 Regulation of ground rent for a plot for a holiday home

The case concerns a claim for an upward regulation of a ground rent for a plot on which a holiday home was built. The question was whether the ground rent should be fixed as a reasonable return on the value of the plot, or whether it should be regulated in accordance with a change in the value of money since the lease was entered into, see the Ground Lease Act of 20 December 1996 no. 76 section 15.

Reference:            HR-2006-02033-A, case no. 2006/702, civil appeal. 

28 November 2006 Employment law. Preferential right to employment following a period of temporary employment

The case concerns the preferential right to reemployment following a period of temporary employment pursuant to section 67 no. 1 of the former Employment Act of 4 February 1977 no. 4.

Reference:            HR-2006-02008-A, case no. 2006/798, civil appeal. 

28 November 2006 The State’s liability in tort. Negligence. Duty to give guidance. Priority of cases in the public administration. Compensation Act section 2-1

The issue in the case was whether the state is liable to pay compensation in a case where the processing of a claim for disability pension had taken an unreasonable amount of time.

Reference:            HR-2006-02007-A, case no. 2006/923, civil appeal. 

27 November 2006 Criminal law. Fishery law. Fishery protection zone around Svalbard

The case concerns an appeal from the masters of two Spanish fishing vessels who were fined for failing to keep a catch log of cod and, as regards one of the shipmasters, incorrect reporting of fish fished in the fishery protection zone around Svalbard. It also concerns an appeal from the ship-owner whose vessel was confiscated on account of the offences. The appeal gave rise to a number of issues related to the fishery protection zone around Svalbard and the relationship to the Svalbard Treaty. As regards the ship-owner, it also gave rise to questions concerning the relationship to Article 4(1) of Protocol 7 to the European Convention on Human Rights.

Reference:            HR-2006-01997-A, case no. 2006/871, criminal appeal. 

23 November 2006 Calculation of reduction in sentence for time spent in custody on remand. Penal Code section 60 subsection 1, second sentence

The case concerns a person on remand in custody who was placed in a very high security department pursuant to an administrative decision made by the prison authorities.

Reference:            HR-2006-01981-A, case no. 2006/1054, criminal appeal

23 November 2006 Trade mark law 

The issue in the case was whether the registration of a depiction of a life buoy as a trade mark for Vesta Forsikring AS (Vesta Insurance AS) was invalid and in breach of section 14 no. 7 of the Trade Mark Act of 3 March 1961 no. 4. The provision states that a trademark may not be registered if “it is liable to be confused with a trademark which someone else has started to use before the applicant, and the applicant was aware of this use when he filed his application for registration”.

Reference:            HR-2006-01978-A, case no. 2006/614, civil appeal. 

22 November 2006 Sentencing. Drug felony. Penal Code section 162 subsections 1, 3 and 5. Organised crime

The case concerns sentencing following conviction for storage and sale of a large quantity of heroin and amphetamine, and sale of a large quantity of cocaine.

Reference:            HR-2006-01973-A, case no. 2006/740, criminal appeal. 

22 November 2006 Sentencing. Social security fraud. Community service. Guiding principles. Penal Code section 270 subsection 1 no. 1, cf. subsection 2, Penal Code section 28a

The case concerns sentencing following conviction for social security fraud. A 25-year-old man with previous convictions had unlawfully received NOK 76.675 in social security benefits. The issue in the case was whether he should be given a short custodial sentence or a community service order. The first voting justice stated that, as a general rule, the accused should be given a custodial sentence when social security fraud committed with intent involves an amount in excess of NOK 60 000. Dissent 4-1.

Reference:            HR-2006-01969-A, case no. 2006/1490, criminal appeal. 

22 November 2006 Landlord and tenant law. Legal interest. ECHR 

The case concerns an interlocutory appeal against a decision of the court of appeal ordering repossession of an apartment in the town of Harstad. The issue was whether the tenants had a sufficient legal interest to require a substantive hearing of the appeal after they had terminated the lease and vacated the property, see the Civil Procedure Act section 54.

Reference:            HR-2006-01968-A, case no. 2006/481, civil interlocutory appeal. 

21 November 2006 Sentencing. Bodily harm etc. Rehabilitation. Community service 

The issue in the case was whether regard for the accused’s prospects of rehabilitation justified a community service order for breach primarily of the Penal Code section 229 second sentencing alternative cf. section 232 (bodily harm committed with intent and causing illness or inability to work lasting more than two weeks or incurable defect or injury).

Reference:            HR-2006-01966-A, case no. 2006/919, criminal appeal. 

17 November 2006 Suspension of lawyer’s practicing certificate. Courts of Justice Act section 230 subsection 1 no. 1

The case concerns the validity of the suspension of a lawyer’s practicing certificate pursuant to the Courts of Justice Act section 230 subsection 1 no. 1.

Reference:            HR-2006-01943-A, case no. 2006/561, civil appeal.

9 November 2006 Criminal law. Sentencing. Compensation for non-economic loss. Sexual offence

The case concerns sentencing and compensation for non-economic loss following conviction pursuant to the Penal Code section 193 subsection 2, which provides among other things that it is an offence to exploit another person’s mental illness in order to commit an act of indecency.

Reference:            HR-2006-01894-A, case no. 2006/970, criminal appeal.

9 November 2006 Tax law. Tax assessment. Surtax. Plenary decision

The issue in the case was whether the imposition of ordinary 30 % surtax for failing to submit a mandatory income tax return constitutes a bar against subsequent criminal proceedings for serious tax fraud, see Article 4(1) of Protocol 7 to the European Convention on Human Rights. Dissent 14-1.

Reference:            HR-2006-01893-P, case no. 2006/623, criminal appeal.

8 November 2006 Sami law, administrative law, reversal of decision, Reindeer Farming Act section 4

The case concerns the validity of an administrative decision of the Ministry of Agriculture to reverse a decision of the area board granting approval to transfer a management unit pursuant to the Reindeer Farming Act section 4.

Reference:            HR-2006-01885-A, case no. 2006/744, civil appeal.

7 November 2006 Tax assessment. Surtax

The case concerns the validity of the decision of the Tax Appeal Board to impose increased surtax of 45 % on a taxpayer, see the Tax Assessment Act section 10-4 no. 1, cf. section 10-4 no. 2, cf. section 10-3 (b).

Reference:            HR-2006-01879-A, case no. 2006/649, civil appeal.

1 November2006 Impartiality of jury foreman. Courts of Justice Act section 108

The issue before the Supreme Court was whether the foreman of the jury at the court of appeal hearing, who was chairman of the board of the Incest Centre in the county of Sør-Trøndelag, was incompetent to sit on the grounds of impartiality in a case concerning sexual abuse of a step-child.

Reference:            HR-2006-01859-A, case no. 2006/1145, criminal appeal.

1 November 2006 Sentencing. Aggravated robbery. Long-term remand in custody pending trial. Penal Code section 267 cf. section 268 subsection 2

The case concerns sentencing following conviction for aggravated robbery, including whether the convicted persons should be required to serve the unserved portion of a previous sentence after they had been held on remand in custody pending trial for a long period of time.

Reference:            HR-2006-01858-A, case nos. 2006/1128 and 2006/1270, criminal appeal.

1 November 2006 Right of retention in illegally parked vehicle. Judicial review. Interpretation of “unfair terms and conditions” in the Marketing Control Act section 9a

The case concerns the validity of a decision of the Marketing Board in a complaint against Østlandske Autoberging (“Østlandske Vehicle Recovery”). Østlandske Autoberging had contracts with private individuals for the removal of illegally parked cars from private property. In its decision, the Marketing Board referred to the Marketing Control Act section 12 subsection 1 first sentence cf. section 9a and issued a prohibition against the company from exercising a right of retention in the vehicle until the fee payable as a consequence of the removal has been paid.

Reference:            HR-2006-01867-A, case no. 2006/731, civil appeal.

25 October 2006 Sentencing. Rape. Letting of premises for prostitution

 The case concerns sentencing for altogether six counts of rape of two women and for the letting of premises for use for prostitution.

Reference:            HR-2006-01820-A, case no. 2006/1124, criminal appeal.

25 October 2006 Community service. Penal Code section 229, first sentencing alternative

The case concerns the application of a community service order following a conviction for bodily harm, see the Penal Code section 229, first sentencing alternative.

Reference:            HR-2006-01816-A, case no. 2006/1103, criminal appeal.

25 October 2006 Right to release of patient journals. Act relating to enforcement of civil claims section 15-1, cf. section 15-6. The Health Personnel Act section 21 and section 45

The case concerns a medical practitioner’s application for an interlocutory injunction in order to obtain delivery of patient journals when he moved his place of employment from one doctor’s surgery to another.

Reference:            HR-2006-01815-A, case no. 2006/597, civil interlocutory appeal.

19 October 2006 Deadline for bringing action. Payment and Collection of Taxes Act section 48 no. 5

There were two main issues in the interlocutory action. The first issue was whether the deadline for bringing an action pursuant to the Payment and Collection of Taxes Act 1952 section 48 no. 5 applies to an action for compensation/reimbursement. The second issue was whether the applicant should be granted reinstatement for breach of the deadline for bringing a claim for invalidity or annulment of the tax assessment decision.

Reference:            HR-2006-01796-A, case no. 2006/1284, civil interlocutory appeal.

19 October 2006 Deadline for bringing action. Payment and Collection of Taxes Act section 48 no. 5

The issue in the case was whether the deadline in the Payment and Collection of Taxes Act section 48 no. 5 applies to an action for compensation for loss resulting from failure to adequately implement the main part of the EEA Agreement in Norwegian tax law.

Reference:            HR-2006-01795-A, case no. 2006/543, civil interlocutory appeal.

17 October 2006 Sentencing. HIV-infection. Penal Code section 155

The case concerns sentencing of a woman who was convicted of having exposed a man to the danger of infection by the HIV virus.

Reference:            HR-2006-01770-A, case no. 2006/678, criminal appeal.

17 October 2006 Anti avoidance rules in taxation law

The case concerns the validity of the tax assessment for Telenor Property Holding AS - formerly Telenor Communication AS - for the income year 2001. On 21 December 2001, Telenor Property Holding AS sold its shareholding in the Danish mobile telephone company Sonofon Holding AS to an associated company in the Telenor Group at a loss of NOK 8.605.074.125. The issue in the case was whether Telenor Property Holding AS was entitled to a deduction against income tax for the realisation loss pursuant to the Taxation Act section 10-31 subsection 2, cf. section 6-2 and chapter 9. The result depends on whether a deduction must be disallowed on account of the non-statutory anti-avoidance rules in taxation law.

Reference:            HR-2006-01761-A, case no. 2006/327, civil appeal.

13 October 2006 The public prosecutor’s right of appeal. Criminal Procedure Act section 75

The case concerns the power of the public prosecutor to file an appeal within the time-limit for appeal but after the judgement has been accepted by the competent police prosecuting authority.

Reference:            HR-2006-01752-A, case no. 2006/1205, criminal appeal.

13 October 2006 Patient compensation. Temporary scheme

The case concerns a claim for compensation pursuant to the temporary scheme for patient compensation for somatic hospitals and outpatients’ clinics, which entered into force on 1 January 1988. The transitional rules applied until they were repealed and are replaced by the Patient Compensation Act of 15 June 2001 no. 53.

Reference:            HR-2006-01750-A, case no. 2006/889, civil appeal.

13 October 2006 Inheritance tax. Application of anti-avoidance rules

The case concerns the validity of the Tax Directorate’s determination of inheritance tax for the heirs of Cathrine Nagell-Erichsen. The rules on valuation in the Inheritance Tax Act section 11A cf. the Company Taxation Act section 2-2 no. 2 that was then in force, provides that unquoted shares shall be valued at 30% of the shares’ proportionate share of the limited company’s total fiscal capital value. The main issue in the case was whether this provision provided a basis for applying non-statutory anti-avoidance rules to a transfer of NOK 200.000.000 as new equity capital to a wholly-owned investment company. The transfer was made shortly before Cathrine Nagell-Erichsen’s death.

Reference:            HR-2006-01749-A, case no. 2005/1560, civil appeal.

10 October 2006 Importation of drugs by medical practitioner without licence

The issue in the case was whether a medical practitioner who had received prescription drugs that are classified as narcotics by post from abroad without a licence could be punished pursuant to the Penal Code section 162 subsection 1 for the illegal importation of drugs.

Reference:            HR-2006-01728-A, case no. 2006/1085, criminal appeal.

10 October 2006 Impartiality. Courts of Justice Act section 108

The case concerns the competence of three Supreme Court justices on the grounds of impartiality in connection with the Supreme Court’s hearing of case HR-2006-01893-P. Mrs Justice Gjølstad, Mrs Justice Coward and Mr Justice Tønder withdrew from the bench.

Reference:            HR-2006-01726-P, case no. 2006/623, criminal appeal.

21 September 2006 Temporary employment. Employment Act (1977) section 58A no. 1

The issue before the Supreme Court was whether the employment relationship between an employee in the ambulance service and his employer was being practiced in breach of the Employment Act 1977 section 58A no. 1 on the right to engage temporary employees. Reference: HR-2006-01605-A, case no. 2006/155, civil appeal.

21 September 2006 Sentencing. Reduction in sentence for time spent in custody. Penal Code section 13

The case concerns interpretation of the Penal Code section 132a and sentencing, including calculation of the deduction for time spent on remand in custody, see the Penal Code section 60 subsection 1, second sentence. Reference: HR-2006-01606-A, case no. 2006/1093, criminal appeal.

20 September 2006 Forced mental health care. Penal Code section 39 no. 1

The case concerns an application to commute a criminal sentence to forced mental health care, see the Penal Code section 39 no. 1. Reference: HR-2006-01595-A, case no. 2006/1156, criminal appeal.

20 September 2006 Forced mental health care. Penal Code section 39 no. 2

The case concerns an application to commute a criminal sentence to forced mental health care, see the Penal Code section 39 no. 2. Reference: HR-2006-01596-A, case no. 2006/1052, criminal appeal.

19 September 2006 Social security law. Occupational injury. National Insurance Act section 13-6

The issue in the case was whether an injury suffered by an employee during a police arrest at his place of work during work time could be deemed to be an occupational injury within the terms of the National Insurance Act section 13-6 subsection 2. Reference: HR-2006-01587-A, case no. 2006/509, civil appeal.

15 September 2006 Sentencing. Immigration Act section 47 subsection 2 (d).

The case concerns sentencing for breach of the Immigration Act section 47 subsection 2 (d). The particular issue in the case was whether the appropriate penalty was an unconditional sentence or a community service order. Reference: HR-2006-01574-A, case no. 2006/1108, criminal appeal.

8 September 2006 Sentencing. Penal Code section 162 subsections 1 and 2

The case concerns an appeal against sentence for a conviction for a serious drug offence. The issue was whether a community service order should be made instead of a prison sentence and, in the latter case, whether part of the sentence should be conditional. Reference: HR-2006-01548-A, case no. 2006/1053, criminal appeal.

8 September 2006 Sentencing. Serious drug offences. Community service order. Confession

The case concerns sentencing for serious drug offences, including whether the Court should make a community service order and the relevance of a confession. Reference: HR-2006-01549-A, case no. 2006/941, criminal appeal.

8 September 2006 State liability. Contributory negligence. Motor Car Liability Act section 4, cf. se

The issue in the case was whether the State’s liability pursuant to the Motor Car Liability Act section 4 cf. section 16 subsection 1 should lapse or be reduced on account of the victim’s contribution to the injury, see the Motor Car Liability Act section 7 subsection 1. Reference: HR-2006-01550-A, case no. 2006/303, civil appeal.

8 September 2006 Animal Protection Act section 24 subsection 3 (as it was worded in 2002), cf. secti

In 2002, the Rendalen Animal Protection Board made an administrative decision which, amongst other things, implied that sheep had to be kept away indefinitely from a defined area of grazing land that was exposed to beasts of prey. The issue in the case was whether there was legal authority for the decision in section 24 subsection 3, cf. section 2 of the Animal Protection Act, as the provision was worded in 2002. Reference: HR-2006-01551-A, case no. 2006/149, civil appeal.

7 September 2006 Sentencing. Theft of postal items. Penal Code section 257, cf. section 258

The case concerns sentencing where the predominant offence was theft of postal items. Reference: HR-2006-01539-A, case no. 2006/741, criminal appeal.

7 September 2006 Tax law. Gains tax. Anti avoidance rules

The case concerns the validity of an administrative decision made by the Bergen Tax Appeal Board whereby A was taxed pursuant to the Taxation Act 1911 section 43 subsection 2 on gains made upon the sale of property in Bergen. The issue in the case was whether, before the sale, he had transferred his beneficial interest in the property to his children by way of gift. This also raised the question of application of non-statutory anti-avoidance rules. Reference: HR-2006-01540-A, case no. 2006/224, civil appeal.

7 September 2006 Prohibited witness testimony. Criminal Procedure Act section 119.

The case concerns interpretation of the prohibition against witness testimony in the Criminal Procedure Act section 119 subsections 1 and 2. The Supreme Court quashed the Court of Appeal’s interlocutory order. Reference: HR-2006-01541-A, case no. 2006/447, criminal interlocutory appeal.

7 September 2006 The Sale of Property Act. Price reduction . Compensation.

The case concerns the buyer’s claim for a price reduction or compensation pursuant to the Sale of Property Act. The issues in the case include the question whether there was a defect, whether the conditions for submitting a claim were satisfied, and the seller’s right to remedy the defect. In the event that the Supreme Court found the seller liable in the main claim, it was also necessary to consider the seller’s claim for recourse against the contractor who had performed the faulty building and excavation work. Reference: HR-2006-01542-A, case no. 2005/1429, civil appeal.

5 September 2006 Criminal law. Securities trading. Insider trading. Securities Trading Act section 1

A finance director was convicted of insider trading and sentenced in the Court of Appeal to 90 days’ imprisonment, of which 60 days were conditional. Following an appeal by the prosecuting authority, the Supreme Court increased the sentence to 6 months’ imprisonment. Reference: HR-2006-01523-A, case no. 2006/680, criminal appeal.

5 September 2006 Criminal procedure. Criminal Procedure Act section 294.

Appeal against sentence for A police statement taken in Germany should have been submitted to the Court of Appeal and counsel for the defence if the Norwegian police had received it before judgement was passed. Objectively, there was a procedural error notwithstanding that the failure to submit the statement was due to circumstances in Germany. The case had not been fully clarified pursuant to the Criminal Procedure Act section 294 since the court was unaware that a police interrogation had taken place before it passed judgement. The same applied even though neither the court, nor the prosecution or defence counsel could be reproached, see Rt-2005-321. The Supreme Court quashed the judgement of the Court of Appeal and the main hearing. Reference: HR-2006-01524-A, case no. 2006/586, criminal appeal

1 September 2006 Arson. Sentencing.

The issue in the case was whether a protective custody order should be made for a conviction of arson that could easily have led to loss of life, see the Penal Code section 148 subsection 1, first sentencing alternative. Reference: HR-2006-01514-A, case no. 2006/676, criminal appeal.

1 September 2006 Compensation. Subsidence damage. Planning and Building Act.

The case concerns a claim against a local authority for compensation for damage caused to a residential property by subsidence, see the Damages Act section 2-1 no. 1. A main issue in the case was whether the local authority should have imposed conditions in the building licence pursuant to the Plan and Building Act section 68 subsection 2, alternatively whether there were particular problems with the land on which the property was built of which the local authority should have informed the builder. Reference: HR-2006-01515-A, case no. 2006/139, civil appeal.

29 August 2006 Right to remedy defects with real property. Sale of Property Act section 4-10

The case concerns the seller’s right to remedy defects with the sold property pursuant to the Sale of Property Act section 4-10. The issue in the case was whether the buyer had forfeited his right to claim a price reduction because he had not given the seller adequate opportunity to remedy the defects. Reference: HR-2006-01486-A, case no. 2005/1424, civil appeal.

29 August 2006 Competition clause. Contract Act section 38

The case concerns interpretation of the Contract Act section 38 on competition clauses in employment contracts. Reference: HR-2006-01495-A, case no. 2006/829, civil interlocutory appeal.

28 August 2006 Procedural error. Approval of an interpreter

The case before the Supreme Court concerned the authorisation and approval of an interpreter who had translated documents that were submitted to the court, see the Courts of Justice Act section 136 subsection 2. The issue was whether the Court of Appeal had made a procedural error, see the Criminal Procedure Act section 343 subsection 1. Reference: HR-2006-01480-A, case no. 2006/634, criminal appeal

28 August 2006 Limitation of claim for compensation or price reduction

The issue in the case was whether a property buyer’s claim for compensation or price reduction was statute barred pursuant to the Limitation Act section 3 no. 2, section 10 no. 1 and section 15. Reference: HR-2006-01481-A, case no. 2006/127, civil appeal.

28 August 2006 Industrial Transport Act section 4. Taxi licence

The case concerns the interpretation of the Industrial Transport Act section 4, cf. government regulation of 26 March 2003 no. 401 on inland industrial transport by motor vehicle and ship (Industrial Transport Regulation) section 8. The issue was whether it was sufficient that documentation for the qualifying conditions in the Act and Regulation for the grant of a licence was submitted within the application deadline. Reference: HR-2006-01482-A, case no. 2006/426, civil appeal.

28 August 2006 Sentencing. Provision on repeated offences in the Penal Code section 61

The case concerns sentencing, including the relevance of the provision on repeated offences in the Penal Code section 61, in a case where the predominant offence was a count of bodily harm, see the Penal Code section 229 second sentencing alternative. Reference: HR-2006-01483-A, case no. 2006/862, criminal appeal.

22 August 2006 The Damage Act section 3-5 subsection 1(b), cf. section 3-3

The case concerns the measure of damage for non-economic loss following gross negligent rape, cf. the Damage Act section 3-5 subsection 1(b), cf. section 3-3. Reference: HR-2006-01463-A, case no. 2006/787, civil appeal.

22 August 2006 Number of offences, judge’s summing up, sentencing.

The case concerns appeal against conviction for breach of the Penal Code section 162 subsection 1 and subsection 3, first sentence, cf. subsection 5. The first question was whether storage and transfer of drugs amounts to one or two offences,see the Penal Code section 62. The second question was whether the judge’s summing up was based on a correct interpretation of the law. Thirdly, the case concerned appeal against sentencing. Reference: HR-2006-01464-A, case no. 2006/560, criminal appeal.

22 August 2006 Assault. Borderline case between Penal Code section 228 subsection 1 and section 229

The issue in the case was whether blows and kicks during a fight constituted assault pursuant to the Penal Code section 228, or bodily harm pursuant to section 229. Reference: HR-2006-01465-A, case no. 2006/653, criminal appeal.

21 August 2006 Animal Protection Act section 9 on the destruction of animals

The case concerns interpretation of the Animal Protection Act section 9 on the destruction of animals. More particularly, the question was whether the common method for killing domesticated reindeer, which involves shooting them with a saloon rifle at a range of 3–4 metres, was in breach of the Act. Reference: HR-2006-01453-A case no. 2006/505, criminal appeal

29 June 2006 Criminal procedure. Police custody during trial. European Convention on Human Rights

The accused in a criminal case was remanded in police custody during a criminal trial.The issue in the case was whether this was a procedural error. The Supreme Court held that the adjudicating court had considered the issue thoroughly and continuously throughout the trial and there was a proper basis for the decision not to postpone the trial. The conditions for remand in police custody were satisfied, see the government regulation pursuant to the Implementation of Sentences Act section 4-1. Nor was it a procedural error that the police had followed the normal supervision routine whereby the accused was controlled every half hour, see the Instructions to the Police section 9-4 subsection 2. The allegation that the accused had been unable to properly safeguard his interests during the case was not proven. Nor did the procedure constitute a violation of Art 6 no. 1 of the European Convention on Human Rights. Reference: HR-2006-01155-A, case no. 2006/547, criminal appeal.

29 June 2006 Criminal procedure. Criminal law. Aggravated theft. Receiving stolen property. Acquitta

The issue in the case was whether an acquittal for aggravated theft and receiving stolen goods was a bar to a subsequent indictment for aiding and abetting insurance fraud, see the Criminal Procedure Act section 51 subsection 1 and Article 4(1) of Protocol No. 7 to the European Convention on Human Rights. The majority of the Supreme Court held that the factual basis for the two indictments were the same but that, notwithstanding, the new indictment did not constitute repeated criminal proceedings. The Court attached weight to the fact that the circumstances upon which the indictment for insurance fraud was based (see Penal Code section 272) is not covered by the description of the offence of receiving stolen property in the Penal Code section 317, since section 317 does not penalise aiding and abetting the main offence. Nor did acquittal for aggravated theft, see the Penal Code section 257 cf. section 258, constitute a bar to an indictment for aiding and abetting insurance fraud. One justice came to the same conclusion but on different grounds. Reference: HR-2006-01159-A, case no. 2006/566, criminal appeal.

29 June 2006 Criminal law. Receiving stolen property. Application of law

A car was parked in a third party’s garage in connection with an insurance fraud. When the owner of the garage became aware of this, he telephoned the insurance company and offered to give the insurance company information in return for a sum of money. The issue before the Supreme Court was whether this could form the basis for a conviction for receiving stolen property or aiding and abetting receiving stolen property, see the Penal Code section 317. The Supreme Court acquitted him on the grounds that the car did not constitute a “profit” or “proceeds” of a criminal act, see the Penal Code section 317. Reference: HR-2006-01161-A, case no. 2006/541, criminal appeal.

29 June 2006 Compensation. Patient injury compensation.

Injury caused during treatment of a child at A child who was already medically disabled suffered a permanent brain injury during treatment at a public hospital. The case concerned the assessment of standardised damages pursuant to the Damages Act section 3-2a. The Supreme Court held that it was wrong to apply a general gross principle in cases where the victim of the injury was already medically disabled before the injury was inflicted. In assessing the amount of damages, the Supreme Court applied the separation principle, which meant that it ignored the predisposition and only considered the degree of medical disability that the subsequent tortuous act had inflicted on the victim. Reference: HR-2006-01162-A, case no. 2006/9, civil appeal.

28 June 2006 Compulsory purchase. Internal and external recreational area. Measure of compensation

The case concerned the measure of compensation following a compulsory purchase order. The issue in the case was whether the land in question was an internal or external recreational area. In the light of court practice, the Supreme Court held that the law did not open for a concrete evaluation when applying the exception for internal recreational areas. Reference: HR-2006-01136-A, case no. 2006/305, civil appeal.

28 June 2006 Criminal law. Drink-driving. Confiscation of driving licence. Application of law. Sente

A man who was under the influence of alcohol had turned on the ignition of a motorcar in order to turn on the car headlights. The hand brake was released and the car rolled forward for a distance of 1.5 – 2 meters. The Supreme Court held that this constituted «driving» in the terms of the Road Traffic Act section 22 subsection 1. The Court held that there were grounds for fixing the period of confiscation of the driving licence below the statutory minimum since the accused had only been negligent and the driving was very limited, see the Road Traffic Act section 33 no 1 subsection 6. Reference: HR-2006-01139-A, case no. 2006/707, criminal appeal.

28 June 2006 Criminal law. Aggravated embezzlement. Sentencing. Community service order

A bank employee was convicted of embezzlement after she had misappropriated some NOK 102 000 by transferring money from a rent deposit account to her own personal account. The Supreme Court held that the offence constituted aggravated embezzlement, see the Penal Code section 255, cf. section 256. In sentencing, the Supreme Court attached weight to the fact that the accused had repaid about half of the money before she had reason to believe that the embezzlement had been discovered and the bank’s loss risk was limited. There were grounds for making an exception to the general rule that the penalty for aggravated embezzlement is unconditional imprisonment. The Court imposed an order for 75 hours’ community service. Reference: HR-2006-01150-A, case no. 2006/302, criminal appeal.

27 June 2006 Criminal law. Sexual offence. Rape. Repeated offence. Sentencing.

The case concerns sentencing for a number of offences including rape, see Penal Code section 192. The Supreme Court applied the provision in the Penal Code section 192 subsection 3 (c) on increased sentence in the event of repetition since the accused was previously convicted by a Swedish court of aggravated rape, see the Penal Code section 61 subsection 3. The Court imposed a sentence of five years’ imprisonment. Reference: HR-2006-01130-A, case no. 2006/368, criminal appeal.

27 June 2006 Family law. Marital agreement on separate property. Measure of compensation.

The issue in the case was whether a marital agreement that provided that the marital home was the husband’s separate property should be set aside or adjusted, see the Marriage Act section 46 subsection 1. Based on the facts in the case, the majority of the Supreme Court held that there were no grounds for setting aside the agreement either in whole or in part, but that the wife was entitled to compensation pursuant to section 46 subsection 2, second sentence. Dissent 3-2. Reference: HR-2006-01131-A, case no. 2006/329, civil appeal.

27 June 2006 Criminal law. Grievous bodily harm. Sentencing

A 19-year-old man was convicted of grievous bodily harm for having stabbed another person with a broken bottle. The case concerned sentencing for breach of the Penal Code section 231 first sentencing alternative, cf. section 232. The majority of the Supreme Court found that there were mitigating circumstances: the accused had ADHD for which he was not under medication when the criminal was committed, through no fault of his own. The Supreme Court fixed the sentence at two years and nine months, of which nine months was conditional. Dissent 3-2. Reference: HR-2006-01132-A, case no. 2006/549, criminal appeal.

21 June 2006 Expropriation law. Compensation. Noise.

The development of a harbour in order to export rock from a quarry made it necessary to acquire land and rights through compulsory purchase. The case concerned compensation pursuant to the Act relating to Compensation for Expropriation of Real Property section 8, cf. the Neighbouring Properties Act section 2 subsection 4 for the nuisance caused by noise. The Supreme Court set aside the decision of the valuation appeal court on the grounds that the appeal court had not given adequate reasons for its determination of the critical level pursuant to the Neighbouring Properties Act section 2 subsection 4 and that its application of general principles was unclear. The assessment of the nuisance caused by noise had to be made on the basis of the general guidelines that existed at the date of adjudication. Reference: HR-2006-01088-A, case no. 2005/1591, civil appeal.

21 June 2006 Compensation law. Breach of duty of confidentiality. Invasion of privacy. Medical Pract

A doctor at the National Hospital (Rikshospitalet) had disclosed confidential information about a patient with a genetic disorder to a television crew that was making a documentary about how insurance companies use genetic information. The Supreme Court held that the patient had not given an informed consent to the use of the information and that the doctor could not rely on the consent that had been given, see the Medical Practitioners Act section 32. The Supreme Court held that the doctor’s breach of his duty of confidentiality pursuant to the Medical Practitioners Act section 31 constituted an invasion of privacy pursuant to the Damages Act section 3-6. Reference: HR-2006-01089-A, case no. 2005/1765, civil appeal and case no. 2005/1767, civil interlocutory appeal.

21 June 2006 Criminal law. Sexual intercourse with a minor. Unreserved confession. Sentencing

The case concerns sentencing following a conviction for unlawful sexual intercourse with a child below 16, see the Penal Code section 195 subsection 1, first sentencing alternative. Although the accused insisted that he believed that the victim was over 15, he admitted to all of the facts that formed the basis of the assessment of whether he had acted negligently, see the case reported in Rt-2005-823. On this basis, the Supreme Court held that confession was unreserved, see the Penal Code section 59 subsection 2. The Court imposed a sentence of one year and five months’ imprisonment. Reference: HR-2006-01090-A, case no. 2006/507, criminal appeal.

21 June 2006 Tax law. Property tax. Cable television route

The Supreme Court held that a cable television route fell within the definition of “plant and works” and was therefore liable to property tax pursuant to the Property Tax Act 1975 section 4 subsection 2. In light of the judgement recorded in Rt-2002-94, the Supreme Court attached weight to the fact that the cable works were run on a commercial basis and were part of a production operation. The Court also attached weight to the internal connection between cable television routes, telecommunications networks and power networks. Although there was a long tradition for not imposing property tax on such networks, this tradition was not binding on the local authority. Reference: HR-2006-01097-A, case no. 2005/1718, civil appeal.

20 June 2006 Inheritance law. Transfer of property. Gift. Advancement of inheritance

The case concerns the setting aside of a transfer of property from an undivided estate to one of the heirs on the grounds that the transfer constituted a gift, see the Inheritance Act section 19. Consideration was agreed for the property but was not paid and, shortly after, the transfer was changed to a gratuitous transfer. The Supreme Court held that the transfer had a clear element of gift and set it aside. Reference: HR-2006-01072-A, case no. 2006/98, civil appeal.

19 June 2006 Civil procedure. Civil Procedure Act. Legal interest. European Convention on Human Righ

A pharmaceutical company was ordered to suspend a television campaign on the grounds that it constituted advertising for a prescription drug. Three years after the advertising had stopped, the television company that had broadcasted the feature instigated legal proceedings and claimed that the suspension order was invalid. The Supreme Court held that the condition that the claim shall be relevant was not fulfilled and that the television company lacked legal interest pursuant to the Civil Procedure Act section 54. The lack of relevance also meant that the action could not be brought pursuant to Articles 13 and 10 of the European Convention on Human Rights. Reference: HR-2006-01057-A, case no. 2005/1626, civil interlocutory appeal.

16 June 2006 Intellectual property rights. Use of logo. Copyright

The case concerns the use of a logo without the copyright owner’s permission. The Supreme Court held that the sale of so-called «spin off»-products fell within the business of the national broadcasting company NRK. It followed therefore from the applicable collective wage agreement that the NRK logo could be used in advertising for such products. However, material from television programs for advertising purposes that had no connection with NRK’s business could not be used without the copyright owner’s permission. Reference: HR-2006-01045-A, case no. 2005/1726, civil appeal.

14 June 2006 Civil claim brought in connection with criminal proceedings. Claim for compensation for

The case concerns a claim for compensation for non-economic loss suffered by a 7-year-old girl who was the victim of a sexual offence (Penal Code section 200). The Supreme Court held that the claim for an increase in the compensation awarded by the lower court in the criminal proceedings need not necessarily be made by way of appeal, see the Criminal Procedure Act section 434. There was no maximum time limit for submitting a claim for rehearing of a civil claim brought in connection with criminal proceeding. The Supreme Court awarded NOK 30.000 in compensation to the victim. Reference: HR-2006-01029-A, case no. 2006/217, civil appeal.

13 June 2006 Social security law. Compensation law. Substantial factor rule.

A service manager at the Oslo Tram Company suffered an accident at work. In the period that followed, he suffered from headaches, shoulder pains, memory loss and concentration problems. He claimed damages to cover expenses for medical assistance and medicines. In assessing the claim, the Supreme Court held that a condition for coverage pursuant to the National Insurance Act section 5-25 subsection 1 first sentence is that the expenses are substantially and in the main caused by occupational pains or injuries. Reference: HR-2006-01017-A, case no. 2005/1537, civil appeal.

12 June 2006 Administration law. Nature law. Establishment of nature reserve. Assessment of compensa

The establishment of a nature reserve prevented the landowners from using stones and rock from a beach within the reserve area as drainage material. The case concerned the assessment of compensation after the preservation order was made, see the Nature Conservation Act section 20. The Supreme Court took its starting point in the compensation rule in section 6 of the Compensation for Expropriation of Real Property Act. Since it was foreseeable that the landowners would have used the stones and rocks, the Supreme Court awarded compensation for the additional cost of acquiring drainage material from another source, see section 6 subsection 1, second sentence. Reference: HR-2006-00997-A, case no. 2006/209, civil appeal.

12 June 2006 Criminal law. Penalty for repeated offences. Sentencing. Application of law

The Supreme Court held, on an interpretation of the relevant sources of law, that the conditions in the Penal Code section 61 do not apply to the penalty for repeated drink-driving offences pursuant to the Road Traffic Act section 31 subsection 3. Reference: HR-2006-00999-A, case no. 2006/433, criminal appeal.

2 June 2006 Criminal law. Acquisition of firearms. Criminal procedure. Scope of the indictment. Appl

In light of the history of the provision and the legislative intent, the Supreme Court applied a narrow interpretation to the Penal Code section 161 so that it only covers acquisition of firearms etc where the motive is to use the firearms etc. to commit a criminal offence. The Supreme Court held that a conviction for aiding and abetting breach of section 161 did not go beyond the scope of the indictment, see the Criminal Procedure Act section 38. The Supreme Court dismissed the defendant’s appeal against sentence. Reference: HR-2006-00962-A, case no. 2006/331, criminal appeal.

2 June 2006 Criminal law. Military penal law. Failure to report to compulsory military service. Sent

In view of changes in recent years in the number of youths who are enlisted for compulsory military service, the Supreme Court imposed a conditional sentence for failure to report to compulsory military service, see the Military Penal Code section 34 subsection 2, second sentencing alternative. Reference: HR-2006-00963-A, case no. 2006/258, criminal appeal.

2 June 2006 Criminal law. Perjury. Sentencing. Community service order

Based on a concrete assessment of the facts, the Supreme Court held that it was inappropriate to impose a community service order for perjury in connection with an application for asylum in Norway, see the Penal Code section 166 subsection 1. Reference: HR-2006-00964-A, case no. 2006/690, criminal appeal.

1 June 2006 Transport law. Road transport

The carrier had given the wrong delivery address, so that goods to be transported by road did not arrive at the correct address. The Supreme Court held that delivery to the wrong company at the wrong address was a fundamental breach of the contract of carriage. The carrier had been negligent in giving the wrong address and he was ordered to compensate the consignor’s financial loss pursuant to general principles of contract law. Since the wrongful delivery was caused by the carrier’s breach of the transport agreement, it was irrelevant to the carrier’s liability that the goods were delivered to the company that was named in the consignment note. Failure by the consignor to control the information in his copy of the consignment note did not exempt the carrier from liability pursuant to the Road Transport Act section 28, and there was no question of imposing shared liability pursuant to section 30. Reference: HR-2006-00938-A, case no. 2005/1353, civil appeal.

30 May 2006 Sentencing. Promotion of prostitution. Penal Code section 202 subsection 1 cf. section

The case concerns sentencing for the promotion of another’s prostitution as part of the business of an organised criminal group, see the Penal Code section 202 subsection 1 and section 60a. Reference: HR-2006-00905-A, case no. 2006/77, criminal appeal.

23 May 2006 Sentencing. Homicide

The case concerns sentencing of two young men who were convicted of a number of offences, the most serious of which for both of them was homicide. Reference: HR-2006-00870-A, case no. 2005/235, criminal appeal.

23 May 2006 Civil Procedure. Civil Procedure Act. Validity of marriage settlement. Evidence. Lawyers

The issue in the case was whether a lawyer’s duty of confidentiality pursuant to section 205 of the Civil Procedure Act covered evidence relating to the assessment of the validity of a marriage settlement so that discovery could not be ordered pursuant to sections 250 and 251 no. 2 of the Civil Procedure Act. The Supreme Court held that after a client’s death, the lawyer can be released from his duty of confidentiality if the advantage that is derived from this substantially exceeds the breach of confidentiality between the lawyer and his client. Important factors in this assessment will be the interests and the presumed will of the deceased. The decision of the Court of Appeal was quashed and referred back for a rehearing as it was based on too narrow an interpretation of the exceptions to the rule. Reference: HR-2006-00868-A, case no. 2005/1789, civil interlocutory appeal.

23 May 2006 Civil procedure. Civil Procedure Act. Securing evidence

The case concerns the requirement of identification/specification of computer-stored material that was the subject of a petition to secure evidence pursuant to the Civil Procedure Act section 271a. The Supreme Court held that the applicant had a limited right to particularize the petition even in the interlocutory appeal to the Court of Appeal. The Court gave certain guidelines on what is required to sufficiently identify/specify the evidence in the petition. Reference: HR-2006-00867-A, case no. 2006/90, civil interlocutory appeal.

23 May 2006 Social security law. Changes to pension rules for state employees. “Breakpoint”-rule. P

The issue in the case was whether an amendment to the pension rules for state employees also applied to state employees who had retired before the amendment entered into force on 1 May 2000. The Supreme Court attached decisive weight to the travaux preparatoires to the amendment, which clearly stated that the legislator had intended the amendment to apply to state employees who had retired before 1 May 2000. Reference: HR-2006-00855-A, case no. 2006/57, civil appeal.

18 May 2006 Tax law. Public limited liability company. Surtax

The issue in the case was whether a company should have been granted an exemption from the duty to pay surtax because the error in the tax assessment was a manifest calculation and writing error, see the Tax Assessment Act section 10-3 (a). The majority of the Supreme Court found that the error that had arisen in the particular case, where a computer program had been used to complete the tax assessment form, constituted a calculation and writing error. As long as it was obvious that an error had occurred, the nature of the error need not be immediately clear. Accordingly, the authorities should not have imposed surtax. Dissent 4-1. Reference: HR-2006-00835-A, case no. 2005/1274, civil appeal.

18 May 2006 Tax law. Private limited liability company. Surtax

The issue in the case was whether a company should have been granted an exemption from the duty to pay surtax because the error in the tax assessment was a manifest calculation and writing error, see the Tax Assessment Act section 10-3(a). The majority of the Supreme Court based their decision on the legal principles stated in HR-2006-0035-A and found that there was either a calculation or writing error. The majority found that the error was obvious. Dissent 4-1. Reference: HR-2006-00836-A, case no. 2005/1517, civil appeal.

15 May 2006 Firearms Act section 33 subsection 1 second sentence. European Convention on Human Righ

The case concerns sentencing for the unlawful possession of a loaded pistol and other firearms in breach of the Firearms Act section 33 subsection 1 second sentence. A particular issue in the case was whether a possibly illegal search represented a violation of ECHR Article 8 and, if that was the case, whether this was a relevant circumstance in sentencing, see ECHR Art 13. Reference: HR-2006-00815-A, case no. 2006/287, criminal appeal.

11 May 2006 Preventive detention. European Convention on Human Rights (ECHR) Art 5(4)

The issue in the case was whether the time taken to deal with the accused’s application to have a preventive detention order quashed, and the prosecution’s application to have the preventive detention order converted to a preventive custody order, was in violation of ECHR Article 5(4). Reference: HR-2006-00803-A, case no. 2006/109, criminal appeal.

10 May 2006 Petroleum Taxation Act section 10

The case concerns the validity of a condition in a Royal Decree of 6 October 2000 whereby consent was given to the merger between BP and Amoco. The issue was whether section 10 of the Petroleum Taxation Act obliges the tax authorities to grant a tax exemption for anticipated increase in profit on account of reduced administration and operating costs after the merger. Reference: HR-2006-00792-A, case no. 2005/849, civil appeal.

4 May 2006 Sentencing. Damages for non-economic loss. Healing

The case concerns sentencing and the imposition of damages for grossly negligent serious bodily harm caused by the accused in the course of his business as a ”healer”. Reference: HR-2006-00749-A, case no. 2006/291, criminal appeal.

4 May 2006 Contract law. Interpretation. Prohibition against division of land in the Agriculture Ac

The issue in the case was whether a contract for the transfer of a plot of land to build a holiday home was invalid on the grounds that consent had not been given for the division of land pursuant to section 12 of the Agriculture Act. Reference: HR-2006-00750-A, case no. 2005/1647, civil appeal

2 May 2006 The Neighbour Act section 9 cf. section 2.

The case concerns a claim for compensation pursuant to section 9 cf. section 2 of the Neighbour Act brought by the owners of property around the Oslo Gardermoen Airport for nuisance caused to the properties, in particular noise from aeroplanes that take off from and land at the airport. Reference: HR-2006-00731-A, case no. 2005/548, civil appeal

2 May 2006 Termination of contract

The issue in the case was whether there were grounds for terminating a price cap contract in an agreement for the supply of electric power where payment of the premium was delayed. Reference: HR-2006-00732-A, case no. 2005/833, civil appeal

28 April 2006 Manslaughter. Sale of alcohol containing methanol.

Penal Code sections 153, 239 second sentencing alternative and 238. Customs Act. Alcohol Act The case concerns sentencing for, among other things, manslaughter as a result of the sale of alcohol that contained methanol and gives rise in particular to the question whether the manslaughters were committed under extremely aggravating circumstances. Reference: HR-2006-00715-A, case no. 2005/1598, criminal appeal.

26 April 2006 Compensation for compulsory purchase

The case concerns the measure of compensation to be paid following the compulsory purchase of land for the purpose of implementing a local development plan where the land was allocated to ”the public benefit – school/kindergarten”. The main questions in the case were whether the development plan should form the basis for the measure of compensation and, if so, what influence this would have on the result. Reference: HR-2006-00700-A, case no. 2005/1728, civil appeal.

24 April 2006 Legal interest

The issue in the case was whether an injunction that prohibited the broadcasting of a TV program could be appealed in circumstances where the TV program had been broadcasted despite the injunction. The question was whether the Norwegian Broadcasting Company (NRK AS), in these circumstances, had a legal interest in a substantive hearing of the case and, thereby, a review of the lawfulness of the intervention in the freedom of speech and information. Reference: HR-2006-00682-A, case no. 2005/1620, civil interlocutory appeal.

24 april 2006 Penal Code section 317

The case concerns interpretation of section 317 of the Penal Code on receiving the proceeds of crime, and, in particular, the question whether the offence from which the proceeds are derived has to be specified in detail. Reference: HR-2006-00684-A, case no. 2005/1796, criminal appeal.

24. April 2006 Sentencing. Gross negligent rape.

Penal Code section 192 subsection 4 (b), cf. subsection 2 (a) The case concerns sentencing for gross negligent rape including intercourse with a woman who was unconscious due to intoxication. Reference: HR-2006-00685-A, case no. 2006/96, criminal appeal.

24 April 2006 Penal Code section 192 subsection 4, cf. subsection 1 (a)

The case concerns sentencing for gross negligent rape, see the Penal Code section 192 subsection 4, cf. subsection 1 (a) Reference: HR-2006-00686-A, case no. 2006/381, criminal appeal

24 April 2006 Sentencing. Manslaughter. Penal Code section 239

The case concerns a conviction and sentencing for manslaughter where the victim died as a result of methanol poisoning after he had drunk alcohol containing methanol which the accused had sold to him. Reference: HR-2006-00690-A, case no. 2005/1446, criminal appeal

19 April 2006 Tax deduction. Taxation Act 1911 section 44 subsection 1 (a) fifth sentence

The case concerns the right to tax deduction for payments that were alleged to be compensation for unlawful services, see the Taxation Act 1911 section 44 subsection 1 (a) fifth sentence. Reference: HR-2006-00657-A, case no. 2005/966, civil appeal

7 April 2006 Employment law. Interpretation of contract. Employment Act (1977) sections 55C, 55D an

The case concerns a claim by an estate agent company for compensation against an employed estate agent who terminated the employment contract despite a contractual four-year lock-in provision. Reference: HR-2006-00609-A, case no. 2005/1199, civil appeal.

7 April 2006 Criminal law. Application of law. Penal Code section 200 subsection 2 and section 201(

The case concerns the lower limit for what can be deemed to be an ”indecent act” pursuant to section 200 of the Penal Code, and the relationship between this provision and the provision in section 201 of the Penal Code on “sexually offensive or other indecent conduct”. Reference: HR-2006-00610-A, case no. 2006/252, criminal appeal.

6 April 2006 Tax law. Tax assessment.

Nordic Tax Treaty. Tax Assessment Act. Tax Assessment Act section 9-6. EEA Agreeement Article 31 The case concerns the validity of an amended administrative decision which determined the extent to which a Danish company with a permanent place of business in Norway was taxable here, see the Nordic Tax Treaty Article 7. The issue in dispute concerned the attribution of indirect costs, profit on the supply of goods and the apportionment of revenue. It also concerned the time-limits for the right to make an amendment and what evidence was admissible in the judicial review. Reference: HR-2006-00598-A,case no. 2005/846, civil appeal

31 March 2006 Validity of an administrative decision concerning the supplementary imposition of valu

Value Added Tax Act section 14 subsection 2 no 5. The case concerns the validity of an administrative decision made by the Value Added Tax Complaints Board which imposed supplementary value added tax for the fiscal years 1995 and 1996. The question concerned the interpretation of the Value Added Tax Act section 14 subsection 2 no. 5 as the provision was worded in 1995 and 1996, more particularly whether value added tax should be calculated in the same way as for output value added tax when vehicles are made available for car purchasers and car workshop customers. Reference: HR-2006-00568-A, case no. 2005/1191, civil appeal.

31 March 2006 Community service order. Penal Code section 229, first sentencing alternative

The issue in the case was whether it was appropriate to make a community service order following a conviction for bodily harm, see the Penal Code section 229, first sentencing alternative. Reference: HR-2006-00569-A, case no. 2005/1719, criminal appeal.

27 March 2006 Value Added Tax. Foreign Company. Mail-order sale.

The case concerns the validity of an administrative decision which imposed supplementary value added tax on a foreign company. The main issue before the Supreme Court was whether the company in question carried out taxable trading of goods in Norway within the terms of the Value Added Tax Act section 13, cf. section 3, and section 10 subsection 3. Reference: HR-2006-00536-A, case no. 2005/934, civil appeal.

27 March 2006 Compensation for loss in connection with the transfer of a pension

The case concerns compensation for loss caused by a delay in transferring an individual pension agreement to a new pension fund. The judgement of the district court was upheld. Reference: HR-2006-00537-A, case no. 2005/1178, civil appeal.

15 March 2006 Set-off. Bankrupt estate. Payroll tax. Value added tax

The issue in the case was whether the State was entitled to offset a claim for payroll tax against a bankrupt estate’s claim for a refund of value added tax, see the Tax Payment and Collection Act section 32 no. 3, cf. the National Insurance Act section 24-4 subsection 6. Reference: HR-2006-00448-A, case no. 2005/1146, civil appeal.

15 March 2006 Ship-owner taxation scheme. Taxation Act 1911 section 51A-6 no. 3.

The issue in the case was whether interest on excess paid-up advance tax should be assigned to an account for deferred taxed income (KBI) pursuant to the rules on taxation of ship-owning companies in section 51A-6 no. 3 of the Taxation Act of 1911. Reference: HR-2006-00449-A, case no. 2005/1043, civil appeal.

14 March 2006 Surtax

The case concerns review of an administrative order for the imposition of surtax on the grounds of a date error. Reference: HR-2006-00438-A, case no. 2005/853, civil appeal

10 March 2006 Prohibition against retroactive legislation. Article 97 of the Constitution

The case concerns the validity of a decision of the Oslo County Revenue Office. After a statutory amendment was passed, a driving school was ordered to repay input value added tax that was lawfully deducted before the statutory amendment was passed. The question before the Supreme Court was whether the statutory amendment violated the prohibition against retroactive legislation in Article 97 of the Norwegian Constitution. Reference: HR-2006-00419-P, case no. 2005/1227, civil appeal.

10 March 2006 Sentencing. Protective custody

The case concerns sentencing for aggravated robbery. Reference: HR-2006-00429-A, case no. 2005/1605, criminal appeal.

10 March 2006 Robbery of an articulated trailer carrying dried fish. Road Transport Act sections 27,

The case concerns a claim for compensation against the transporter and the insurer of an articulated trailer carrying dried fish which was robbed, see section 27 of the Road Transport Act. The robbery took place at an unattended car park south of Rome. The issue in the case was whether it was negligent of the driver to park the trailer at the car park over night, see section 38 of the Road Transport Act, which would preclude the transporter from invoking the limitation on liability in section 32 of the Road Transport Act. Reference: HR-2006-00430-A, case no. 2005/1008, civil appeal.

10 March 2006 Payment of insurance settlement

The issue in the case was whether an insurance company is obliged to pay out an insurance settlement (loss) on a car that had been acquired by illegal means. Reference: HR-2006-00431-A, case no. 2005/633, civil appeal.

9 March 2006 Procedural error. New questions to the jury

The Penal Code section 192 subsection 1 (a), cf. subsection 2(a), section 192 subsection 1(b), alternatively the Penal Code section 193 subsection 2. The issue before the Supreme Court was whether the Court of Appeal had made a procedural error in refusing a request by the prosecuting counsel to submit additional questions to the jury after it had answered no to the question whether the accused was guilty of rape pursuant to the Penal Code section 192 subsection 1 (a), cf. subsection 2 (a). The additional questions concerned breach of the Penal Code section 192 subsection 1 (b), alternatively section 193 subsection 2, and it had to be determined whether the actions constituting this offence were the same as the actions upon which the indictment was based. Reference: HR-2006-00414-A, case no. 2005/1745, criminal appeal.

9 March 2006 Deduction for advantage in compulsory purchase compensation

...Act relating to Compensation for Expropriation of Real Property section 9. The case concerns deductions for advantage in compulsory purchase compensation in a case where the construction of a road provided road access to a building plot on the remainder of the property; see section 9 of the Act relating to Compensation for Expropriation of Real Property. The case also concerns the question whether deductions can only be made in heads of damage that have a causal connection with the advantage. Reference: HR-2006-00420-A, case no. 2005/566, civil appeal.

8 March 2006 Widow’s pension

Marriage Act section 86, cf. section 94 no. 3. Norwegian Constitution Article 97. European Convention on Human Rights (ECHR) Protocol 1 Article 1. The case concerns a claim for widow’s pension from an ex-wife. The issue in the case was whether section 86, cf. section 94 no. 3 of the Marriage Act of 4 July 1991 no. 47, which laid down more stringent conditions for the right to pension compared to the former Marriage Act, constituted a breach vis-à-vis the appellant of Article 97 of the Constitution (prohibition against legislation being given retroactive effect) or Article 1 of Protocol 1 to the ECHR. Reference: HR-2006-00404-A, case no. 2005/574, civil appeal.

17 February 2006 Consumer purchase. Boots. Consumer Purchase Act section 29.

The heel on one of a pair of high-heeled boots fell off six weeks after they were purchased. The issue in the case was whether the purchaser could demand a new pair of boots pursuant to the Consumer Purchase Act section 29 subsection 1, or whether the difference between the seller’s replacement costs, approx NOK 450, and the repair costs, approx NOK 65, meant that replacement would involve “unreasonable costs” for the seller, and therefore entitle the seller to cure the default by repair. Reference: HR-2006-00299-A, case no. 2005/883, civil appeal.

16 February 2006 Agency commission. Business premises. Estate Agents Act sections 4-1 and 4-2.

The case concerns a claim for commission by an estate agent on the lease of business premises. The legal dispute between the parties concerns the level of identification that is required between the commission and the contract that was entered into. Reference: HR-2006-00271-A, case no. 2005/600, civil appeal.

16 February 2006 Drugs. Sentencing. Community service

Penal Code section 162 subsection 2 and section 58 first sentence, second sentencing alternative. The case concerns sentencing for drug offences where the main issue was whether there were grounds for imposing a community service order on account of the accused’s limited involvement in the crime. Reference: HR-2006-00275-A, case no. 2006/1, criminal appeal.

16 February 2006 Sentencing. Sexual crimes. Compensation

Penal Code section 195 subsection 1, first sentencing alternative and subsection 2, sections 209, 200 subsections 2 and 3, and 201 (c). Criminal Procedure Act section 3. The case concerns sentencing for sexual offences committed by a man against his daughter and step-daughter. It also concerns a claim for compensation from the step-daughter’s father for legal costs incurred in bringing an action against the mother for transfer of custody rights. Reference: HR-2006-00276-A, case no. 2005/1556, criminal appeal.

16 February 2006 Spouses. Repurchase agreement

The case concerns the validity of an agreement between two spouses for the repurchase at a fixed price of a share of the matrimonial home upon separation. The Supreme Court found that the co-ownership agreement amounted to a prior agreement on repurchase at a fixed price of the matrimonial home upon separation. Since the agreement related to the financial arrangements between spouses, it was void because there was no authority for such agreement in the exhaustive provisions of the Marriage Act on freedom of contract in such arrangements. Reference: HR-2006-00277-A, case no. 2005/511, civil appeal.

15 February 2006 Criminal law. Sentencing. Application of law. Arranged/forced marriage.

Penal Code section 222 subsection 2 first sentencing alternative cf. section 49. A and B were convicted for having threatened C with violence and for having forced her to enter into a marriage against her will, see the Penal Code section 222 subsection 2, first sentencing alternative. The appeal concerns the application of law in relation to the question of guilt and sentencing. Reference: HR-2006-00258-A, case no. 2005/1554, criminal appeal.

2 February 2006 Civil Procedure Act sections 156, 157 and 160.

The conditions for correcting a judgement or pronouncement of a supplementary judgement for costs before the District Court and the Court of Appeal were not satisfied. Reference: HR-2006-00218-A, case no. 2005/744, civil appeal.

1 February 2006 NOKAS, Criminal Procedure Act ,

section 210 cf. sections 203 and 204 cf. section 119, cf. Genetic Material Bank Act sections 15 and 16 and the Health Personnel Act section 23 no. 4 and section 24. The appeal concerns interpretation of the Criminal Procedure Act section 210 cf. sections 203 and 204 cf. section 119 cf. the Genetic Material Bank Act section 15 and 16 and the Health Personnel Act section 23 no. 4 and section 24. The underlying question was whether the police could requisition biological material stored in the genetic material bank from a deceased person who was under investigation for the violent robbery on 5 April 2005 of the was the Norsk Kontantservice AS counting house (NOKAS). Reference: HR-2006-00187-A, case no. 2006/18, criminal interlocutory appeal.

1 February 2006 Criminal Procedure Act section 264 cf. sections 242 and 242a.

The issue in the case was whether material prepared in connection with a petition to deny the accused access to documents pursuant to section 242a of the Criminal Procedure Act were “case documents” within the terms of section 264 cf. section 242 of the same Act. Reference: HR-2006-00189-A, case no. 2005/1815, criminal interlocutory appeal.

31 January 2006 Harmonization/transfer of undertaking within the SAS group of companies.

Employee rights. The issue in the case was whether the transfer of assets from one company to another company within the same group of companies was of such a nature that the rules concerning transfer of undertakings in the Employment Act applied. Reference: HR-2006-00174-A, case no. 2005/744, civil appeal.

30 January 2006 Sentencing. Manslaughter. Climbing frame that collapsed

The case concerns sentencing for manslaughter, see the Penal Code section 239 first sentencing alternative, and, in that connection, breach of the Product Liability Act and appurtenant regulations. Reference: HR-2006-00164-A, case no. 2005/1133, criminal appeal.

30 January 2006 Compensation to survivors. Climbing frame that collapsed

The case concerns a claim from the surviving parents of a child who died when a climbing frame collapsed. The claim was submitted in the course of criminal proceedings where the defendant was convicted of manslaughter; see the Compensation Act section 3-5 subsection 2. Reference: HR-2006-00165-A, case no. 2005/1154, civil appeal.

23 January 2006 Confiscation of driving licence

The case concerns confiscation of a driving licence following conviction for breach of section 162 subsections 1 and 2 of the Penal Code (drug felonies). Reference: HR-2006-00131-A, case no, 2005/1729, criminal appeal.

23 January 2006 Sentencing. Confiscation. Narcotics

Penal Code section 162 subsections 1 and 2. The case concerns sentencing and confiscation of the proceeds of crime following conviction for the illegal purchase and storage of 1200 grams of heroin and sale of 600 grams of heroin. Reference: HR-2006-00132-A, case no. 2005/1679, criminal appeal.

23 January 2006 Sentencing. Confiscation of driving licence.

Road Traffic Act section 22 subsection 1. Civil Procedure Act section 342 subsection 2 no. 4, cf. section 343 subsection 2 no. 8 The defendant had driven a motor vehicle with an excessive blood-alcohol level of 2.03 per thousand. The defendant did not act consciously. The question therefore was whether, if she had been sober, she would be deemed to have acted negligently. Defects in the grounds of the district court’s judgement prevented the appeal being heard. The judgements of both the district court and the Court of Appeal were quashed. Reference: HR-2006-00133-A, case no. 2005/1637, criminal appeal.

11 January 2006 Sale of Property Act section 4-15

The case contains a claim for default interest following the delayed payment of the purchase price for real property, and gives rise to questions concerning the purchaser’s right of retention as security for a claim for defects, see section 4-15 of the Sale of Property Act of 3 July 1992 no. 93. Reference: HR-2006-0052-A, case no. 2005/928, civil appeal.

11 January 2006 Sentencing. Penal Code section 192 subsection 1 (b)

The case concerns sentencing for breach of the Penal Code section 192 subsection 1 (b) (rape) where a woman had put a man’s penis in her mouth while he was asleep. Reference: HR-2006-0053-A, case no. 2005/1681, criminal appeal.

11 January 2006 Penal Code section 195 subsection 1 second sentencing alternative and section 196 s

The case concerns sentencing for breach of the Penal Code section 195 subsection 1 second alternative and section 196 subsection 1. The defendant, who at the time of the crime was about 22 years old, was convicted of four counts of sexual intercourse with two girls below 14 years of age, and 13 counts of sexual intercourse with two girls below 16 years of age. Reference: HR-2006-00054-A, case no. 2005/1574, criminal appeal.

4 January 2006 Criminal law. Illegal fishing

Act relating to Salmonids and Fresh-Water Fish etc sections 49 and 50 no. 2. Act of 23 June 1888 no. 1 relating to fishing rights in the Tana river system, Royal Decree of 1 April 1911 The case concerns the interpretation of the special provisions on the regulation of fishing rights in the Tan river system, more particularly whether the person holding fishing rights can grant a power to a person outside his household to exercise the fishing rights in his stead. Reference: HR-2006-00017-A, case no. 2005/1385, criminal appeal.

3 January 2006 Security. Financial Contracts Act sections 57 and 66

The issue in the case was whether a physical person who grants security for the debts of his limited company shall be deemed to be a consumer in the terms of the Financial Contracts Act section 57. The case also concerns the application of section 66 of the Financial Contracts Act, which regulates the release of security after the deletion of a vendor’s fixed charge on a motor vehicle. Reference: HR-2006-00013-A, case no. 2005/858, civil appeal.

22 December 2005 Sentencing. Criminal damage. Arson. Insurance fraud.

Penal Code section 292, cf. sections 291 and 272. The case concerns sentencing where the main offence was serious criminal damage caused by arson. Reference: HR-2005-02004-1, case no. 2005/1555, criminal appeal.

22 December 2005 Validity of driving licence acquired in another EEA State

The case concerns, among other things, the validity of a driving licence acquired in another EEA State. Reference: HR-2005-02005-A, case no. 2005/1325, criminal appeal.

22 December 2005 Duty to appear for military service.

Act relating to exemption from military service for reasons of personal conviction section 2, cf. section 3. Compulsory Military Service Act section 48 and 49. The issue in the case was whether a recruit who, on account of his conviction, intended to apply for exemption from military service could submit an application for exemption before he appeared for military service and therefore lawfully refrain from meeting for military service until the application was finally dealt with, see Act of 19 March 1965 no. 3 relating to exemption from military service for reasons of personal conviction section 2, cf. section 3. Reference: HR-2005-02006-A, case no. 2005/1306, criminal appeal.

22 December 2005 Sentencing. Murder with intent. Penal Code section 233 subsection 1 and 2

The case concerns sentencing for murder with intent committed under particularly aggravating circumstances. Reference: HR-2005-02007-A, case no. 2005/1567, criminal appeal.

21 December 2005 Penal Code section 195 subsection 1, first sentencing alternative

The case concerns sentencing where the defendant was convicted of sexual abuse of his 3 ½ year old daughter. Reference: HR-2005-01991-A, case no. 2005/1558, criminal appeal.

21 December 2005 Sentencing. Drug offence.

The case concerns sentencing for drug offences in breach of the Penal Code section 162 subsection 1 and 3, cf. subsection 5. The trial and the judgement of the Court of Appeal, in so far as it related to the sentencing of two of the defendants, B and F, was quashed. Reference: HR-2005-01994-A, case no. 2005/879, criminal appeal.

21 December 2005 Insurance law. Personal injury. Negligence. Contribution

The issue in the case was whether the victim had acted negligently and contributed to the injury in a personal injury case. Reference: HR-2005-01995-A, case no. 2005/1017, civil appeal.

21 December 2005 Deduction from sentence. Deprivation of liberty.

Penal Code section 60. The case concerns the interpretation of section 60 subsection 1 second sentence of the Penal Code, which regulates deductions from sentence on account of deprivation of liberty in total isolation pending trial. The issue in the case was whether the defendant was entitled to such a deduction where he had been kept in short-term isolation in police custody. Reference: HR-2005-01997-A, case no.2005/1252, criminal appeal.

21 December 2005 The Sale of Property Act section 2-10 subsection 2

The case concerns a claim for reimbursement of annual taxes pursuant to the Sale of Property Act of 3 July 1993 section 2-10 subsection 2. The main issue in the case was whether the properties in question where leased or sold. Reference: HR-2005-01998-A, case no. 2005/258, civil appeal.

21 December 2005 Non-economic loss for bodily injury. Compensation Act section 3-5

The case concerns the measure of damages and compensation for non-economic loss for bodily injury pursuant to section 3-5 of the Compensation Act. Reference: HR-2005-01999-A, case no. 2005/814, civil appeal.

21 December 2005 Industrial Injury Insurance Act section 11 subsection 1 (a)

The case concerns a claim for compensation pursuant to the Industrial Injury Insurance Act. The question was whether a knee injury suffered by an employee in the course of his employment for the employer was caused by an “accident at work” and, therefore, qualified as an occupational injury pursuant to the Industrial Injury Insurance Act section 11 subsection 1 (a). Reference: HR-2005-020000-A, case no. 2005/1071, civil appeal.

21 December 2005 Sentencing. Sexual assault. Compensation for non-economic loss.

Penal Code section 195 subsections 1 and 2 and section 197. Penal Code section 229, third sentencing alternative, cf. section 232. The case concerns sentencing and compensation for non-economic loss for a father’s very long-term and serious abuse of his two daughters. One of the daughters had been subjected to sexual assault, the other to violent assault. Reference: HR-2005-02001-A, case no. 2005/1434, criminal appeal.

20 December 2005 Civil Procedure Act section 378 subsection 2

Reference: HR-2005-01978-A, case no. 2005/1253, civil appeal.

20 December 2005 Criminal Procedure Act section 343 subsection 1

The case concerns an appeal against an acquittal in the Court of Appeal in a case heard before a jury. The issue in the case was whether the judge had committed a procedural error when he had strongly criticised the basis for the indictment during his summing up of the evidence. Reference: HR-2005-01986-A, case no. 2005/1502, criminal appeal.

14 December 2005 The Compensation Act section 3-6

The case concerns a claim by a former convict for compensation pursuant to section 3-6 of the Compensation Act for reports and articles written about him in the newspaper “Fædrelandsvennen” in May 2000 in connection with investigations into the rape and subsequent murder of two young girls. Reference: HR-2005-01986-A, case no. 2005/1502, criminal appeal.

12 December 2005 Reopening of case. Sexual offence.

Criminal Procedure Act section 391 no. 3, section 392 subsection 2 The case concerns a petition for the reopening of a criminal case. The appeal was dismissed. Reference: HR-2005-01932-A, case no. 2005/594, criminal interlocutory appeal.

7 December 2005 Attempted theft

Penal Code section 257 cf. sections 49, 50 and 60. The issue in the case was whether there was an attempted theft (see the Penal Code section 257, cf. section 49) or whether the perpetrator had withdrawn from the attempt. The case also raises questions relating to sentencing for habitual crime; see the Penal Code section 61. Reference: HR-2005-01907-A, case no. 2005/1414, criminal appeal.

7 December 2005 "Sexual depictions that seem offensive"

Penal Code section 204 subsection 2 first sentence. The issue in the case was whether an illustrated publication contained “sexual depictions that seem offensive” and thus were in breach of the prohibition against pornography in section 204 subsection 1 first sentence of the Penal Code. Reference: HR-2005-01913-A, case no. 2005/1084, criminal appeal.

7 December 2005 Sentencing. Bodily harm resulting in death. Inheritance

Penal Code section 231, first sentencing alternative, cf. section 232. The case concerns sentencing for grievous bodily harm that resulted in the death of the victim, and the question of loss of inheritance rights, the right to retain undivided possession of the deceased’s estate and the right to insurance benefits as a consequence of the conviction. Reference: HR-2005-0914-A, case no, 2005/1397, criminal appeal.

7 December 2005 Contract law. Public procurement. Military equipment. Compensation

The case concerns a claim for compensation after a competitive bid with negotiations was held for the procurement of military equipment, in particular what legal principles apply and whether general principles of procurement law could apply notwithstanding that the procurement of military equipment is not governed by legislation. Reference: HR-2005-01917-A, case no. 2005/843, civil appeal.

7 December 2005 Registration. Registration Act sections 13, 14 and 38a

The case concerns an interlocutory appeal against a refusal to register an encumbrance. Reference: HR-2005-01918-A, case no. 2005/959, civil interlocutory appeal.

7 December 2005 Sexual assault of a child below the age of 16. Penal Code section 196 subsection 4

The issue in the case was whether liability for sexual assault of a child below the age of 16 should lapse on account of the fact that the defendant and the victim were equal in age and development; see section 196 subsection 4 of the Penal Code. Reference: HR-2005-01919-A, case no. 2005/485, criminal appeal.

6 December 2005 Trademark law.

The Trademark Act sections 13, 2 and 4. The Marketing Control Act sections 1 and 8a. The case concerns the validity of the registration by the Patent Office on 12 October 2000 of the trademark “Gule sider” (Yellow Pages), which is now owned by Findexa AS, and whether the company Firma-Katalogen AS committed a breach of Findexa’s registered or long-established trademark or a breach of the Marketing Control Act when it used the trademark “Gule Sider”, including in the combination “Firma-Katalogens Gule Sider” (Firma-Katalogen’s Yellow Pages) and “Firma-Katalogens elektroniske Gule Sider (Firma Katalogen’s Electronic Yellow Pages). Reference: HR-2005-01905-A, case no. 2005/539, civil appeal.

5 December 2005 Taxation Act section 12-10, subsection 1 (c)

The issue in the case was whether gross employment income shall be calculated on a limited company’s income in accordance with the dividend alternative in section 12-10 subsection 1(c) of the Taxation Act. Reference: HR-2005-01892-A, case no. 2005/79, civil appeal.

5 December 2005 Contradiction. Arbitration. Procedural error

The issue in the case was whether the requirement of contradiction had been disregarded in an arbitration concerning the execution of a contract, and whether the effect of a possible error could be limited to setting aside the award of damages for the item of loss in question. Reference: HR-2005-01893-A, case no. 2005/669, civil appeal.

1 December 2005 Sentencing. Drug offences. Embezzlement. Slow procedure.

. Penal Code section 162 subsection 1 cf. subsection 5. The case concerns sentencing for the attempted import of heroin and one count of aggravated embezzlement, in particular the relevance of the fact that the case had been mislaid by the prosecution for approximately 15 months. The Supreme Court held that the protracted treatment of the case was a violation of Article 6(1) of the European Convention on Human Rights which entitled the defendant to “a fair and public hearing within a reasonable time”, and reduced the sentence from two years’ imprisonment to seven months’ imprisonment; see Article 13 of the European Convention on Human Rights. Reference: HR-2005-01879-A, case no. 2005/1101, criminal appeal.

1 December 2005 Sentencing. Drug offences. Long procedure. Rehabilitation. Purity.

Penal Code section 162 subsection 1 and 2 cf. subsection 5. The case concerns sentencing in a narcotics case, and raises questions concerning violation of Article 6 of the European Convention on Human rights as a consequence of the long time taken to bring the case to trial and the relevance of rehabilitation. Reference: HR-2005-01880-A, case no. 2005/1102, criminal appeal.

1 December 2005 Valuation of rights in areas of water in Florø harbour

The case concerns the valuation of rights in areas of water in Florø harbour, which the Florø local authority acquired from the owners of the Florø estate by agreement in 1994. The main question in the case concerned the extent of the rights and whether the valuation should be made on the basis of price provisions in an agreement from 1859 adjusted in accordance with the consumer price index or on the basis of the current market price. Reference: HR-2005-01881-A, case no. 2005/131, civil appeal.

30 November 2005 Criminal law. Penal Code section 228 subsection 1. Child rearing

The issue in the appeal was whether a step-father who, in connection with the bringing up of his two step-children, had hit them on their bottoms with his flat hand, could be punished for breach of section 228 subsection 1 of the Penal Code (assault). Reference: HR-2005-01865-A, case no. 2005/1020, criminal appeal.

29 November 2005 The Marketing Control Act section 8a

The case concerns a claim for damages for imitation of a trademark for a rice product. Reference: HR-2005-01857-A, case no. 2005/8, civil appeal.

28 November 2005 Value Added Tax Act section 5b no. 9

The case concerns interpretation of the exception for the carriage of persons in section 5b no. 9 of the Value Added Tax Act, as it was worded before it was repealed by the statutory amendment of 12 December 2003 no. 102, which entered into force on 1 March 2004. Reference: HR-2005-01854-A, case no. 2005/307, civil appeal.

28 November 2005 Penal Code section 132a Preventing the victim from reporting the offence

The case concerns interpretation of section 132a of the Penal Code and the criminality of a threat made with the purpose of preventing the victim from reporting the offence in circumstances where the victim had not yet considered doing so. Reference: HR-2005-01855-A, case no. 2005/1261, criminal appeal.

21 November 2005 Allodial Rights Act section 21 subsection 2

The issue in the case was whether an application for redemption of allodial land should be refused on the grounds that redemption would be unreasonable towards the owner. Reference: HR-2005-01811-A, case no. 2005/364, civil appeal.

21 November 2005 Sentencing. Murder with intent - attempted rape

Penal Code section 233 subsection 1, Penal Code section 192 subsection 1 (a), cf. section 49 The case concerns predominantly sentencing for murder with intent committed in connection with an attempted rape. Reference: HR-2005-01812-A, case no. 2005/854, criminal appeal.

21 November 2005 Import of amphetamine oil - communication control

Penal Code section 162 subsection 3, cf. subsections 1 and 5. Penal Code section 62 The case concerns an appeal against a judgement where five people were convicted for breach of the Penal Code section 162 subsection 3, cf. subsection 1 and 5 (drug felonies). The main issue was whether information collected through communication control in Lithuania was admissible as evidence. The case also concerns sentencing for import and storage of 6.6 kg of amphetamine oil which, if it was mixed with sulphuric acid, would give 7.4 kg of pure amphetamine. A third question in the case was whether import and storage are one or two criminal offences. Reference: HR-2005-01813-A, case no. 2005/932, criminal appeal.

16 November 2005 Construction contract.

Compensation for pay and price increases pursuant to the Statistics Norway Price Index. The issue in the case was whether a contractor was entitled to an increase in prices stated in the tender. Reference: HR-2005-01781-A, case no. 2005/36, civil appeal.

16 November 2005 Leasehold. Redemption. Contract law

The case concerns a lessor’s claim for redemption of a lease of land and, in particular, whether the lessor was bound by the claim. Reference: HR-2005-01789-A, case no. 2005/92, civil appeal.

16 November 2005 Dispute on liability for costs in a child welfare case

The case concerns a dispute between two local authorities concerning liability for the expenses of child welfare measures in circumstances where the local authority where the child originally lived brought proceedings before the county board but withdrew the proceedings after the child was moved to another local authority; see the Child Welfare Act sections 8-4 and 9-1. Reference: HR-2005-01790-A, case no. 2005/428, civil appeal.

3 November 2005 Tax law. Tax deduction for legal assistance etc.

The case concerns the right to a tax deduction for expenses for legal advice and assistance etc incurred in filing complaints and legal proceedings for assessed tax. Reference: HR-2005-01726-A, case no. 2004/1806, civil appeal.

3 November 2005 Criminal law. Protective custody. Penal Code section 39c

The issue in the case was whether a protective custody order should be made following a conviction for, amongst other things, arson that could easily have led to loss of life; see the Penal Code section 148 subsection 1 first sentencing alternative. Reference: HR-2005-01727-A, case no. 2005/894, criminal appeal.

3 November 2005 Guarantee law

A guarantee of limited duration had been granted as security for a lease. The issue in the case was whether the lessor had submitted the claim under the guarantee within time. Reference: HR-2005-01728-A, case no. 2005/523, civil appeal.

3 November 2005 Criminal law. Procedure. Sentencing.

Penal Code section 162 subsection 1 cf. subsection 3 first sentence. The case concerns a procedural error and sentencing in circumstances where the defendant confessed during investigation to a series of serious drug offences of which the police were unaware. The confession was made against a written promise from the prosecution that it would enter a plea of 7 years imprisonment. The public prosecutor later withdrew the promise on the grounds that additional facts had come to light. Reference: HR-2005-01733-A, case no. 2005/714, criminal appeal.

3 November 2005 Tax law. Tax relief for legal assistance etc

The case concerns the right to claim tax relief for expenses for legal assistance etc in connection with administrative and judicial tax proceedings. Reference: HR-2005-01726-A, case no. 2004/1806, civil appeal.

3 November 2005 Criminal law. Protective custody. Penal Code section 39c

The issue in the case was whether a protective custody order should be made following a conviction for, inter alia, arson that could easily have led to loss of life, see the Penal Code section 148 subsection 1 first sentencing alternative. Reference: HR-2005-01727-A, case no. 2005/894, criminal appeal.

3 November 2005 Guarantee law

The case concerns a time-limited bank guarantee issued as security for claims pursuant to a lease. The issue in the case was whether the lessor had submitted a claim before the time limit in the guarantee ran out. Reference: HR-2005-01728-A, case no. 2005/523, civil appeal.

3 November 2005 Criminal law. Procedure. Sentencing. Penal Code section 162 subsection 1 cf. subsec

The case concerns a procedural error and sentencing in a case where the accused during the investigation had confessed to a number of serious narcotic offences of which the police were unaware. The confession was made on the basis of a written promise by the prosecution to enter a recommendation for a sentence of seven year’s imprisonment. Subsequently, the prosecution broke its promise on the grounds that additional offences had come to light. Reference: HR-2005-01733-A, case no. 2005, criminal appeal.

2 November 2005 Tax law. Shipping tax. Merger

The case concerns taxation pursuant to the shipping tax scheme in section 51 A ff of the Taxation Act 1911 in a case where the tax subject had merged with its wholly-owned subsidiary. The issue in the case was whether, as a result of the merger, the account for taxed income (see section 51A-6 no.3) shall be corrected for the difference between the parent company’s cost price of the shares in the subsidiary and the taxable paid-up capital equity in the subsidiary. Reference: HR-2005-01716-A, case no. 2005/1042, civil appeal.

28 October 2005 Finanger II-case. Compensation law – EEA law. Plenary decision. Motor Car Liability

The issue in the case was whether the State was liable in damages for the wrongful implementation into Norwegian law of the EU Motor Insurance Directives in connection with accession to the EEA Agreement. Reference: HR-2005-01690-P, case no. 2005/412, civil appeal.

26 October 2005 Credit allowance. Taxation Act section 22A-2

The case concerns the application of the rules relating to credit allowance in section 22A-2 of the Taxation Act 1911 for companies to which the special rules on shipping tax in section 51-A of the same Act apply. These provisions are now incorporated into the Taxation Act 1999 sections 16-20, 8-10 and 8-20. Reference: HR-20005-01682-A, case no. 2005/41, civil appeal.

21 October 2005 Presiding judge’s instruction to the jury

The issue in the case was whether the presiding judge, in his instructions to the jury in a narcotics case, had correctly described the standard of proof for a matter that was not covered by the indictment. Reference: HR-2005-01664-A, case no. 2005/709, criminal appeal.

21 October 2005 Blood test. Health Personnel Act section 12 cf. Road Traffic Act section 22a

The issue in the case was whether the police can demand to see the results of a blood test taken in connection with medical treatment in a case where a blood test taken in connection with suspected drink-driving was not taken in time, see the Health Personnel Act section 12 cf. the Road Traffic Act section 22a. Reference: HR-2005-01657-A, case no. 2005/200, criminal interlocutory appeal.

18 October 2005 Breach of the Accountancy Act. Delayed payment fee. Double jeopardy. Accountancy Ac

The case concerns breach of the Accountancy Act, in particular whether a delayed payment fee imposed for having failed to submit accounts to the Accounts Register was a bar to subsequent criminal prosecution for breach of the Accountancy Act, see the prohibition against dual prosecution in Article 4(1) of Protocol 7 to the European Convention on Human Rights. Reference: HR-2005-01636-A, case no, 2005/365, criminal appeal.

14 October 2005 Reappraisal. Compensation. Area principle

The case concerns an appeal against a reappraisal related to the determination of compensation for right of user in a ski resort. The main issue was the possible application of an adjusted area principle. Reference: HR-2005-01627-A, case no. 2005/3, civil appeal.

12 October 2005 Compensation for economic and non-economic loss. Criminal Procedure Act section 444

The case concerns compensation for economic and non-economic loss in connection with a prosecution pursuant to the provisions in sections 444–446 of the Criminal Procedure Act after the prosecution had decided not to prosecute on account of the evidential position. The main question was whether the decision not to prosecute falls within the scope of the term “prosecution” in section 444 of the Criminal Procedure Act. The Supreme Court quashed the decision of the Court of Appeal. Reference: HR-2005-01605-A, case no. 2005/634, criminal interlocutory appeal.

11 October 2005 Sentencing. Sexual assault. Penal Code section 195 subsection 1,

second sentencing alternative and first alternative, Penal Code sections 193 and 206 The case concerns sentencing for several counts of sexual assault of two ten year old boys, in particular the relevance of the fact that the convict reported the offences to the police himself. Reference: HR-2005-01595-A, case no. 2005/696, criminal appeal.

27 September 2005 Criminal Procedure Act section 38. Change of indictment from fraud to breach of t

The issue in the case was whether a change of indictment from fraud to breach of trust was procedurally the “same matter” within the terms of the Criminal Procedure Act section 38. Reference: HR-2005-01542-A, case no. 2005/551, criminal appeal.

23 September 2005 Penal Code section 127 subsection 1, first sentencing alternative, ECHR Article 6(

The case concerns sentencing for assault of a police officer and, in particular, the relevance of the fact that the appellant’s appeal to the Supreme Court had been left unheeded at the public prosecutor’s office for 12 months. Reference: HR-2005-01517-A, case no. 2005/878, criminal appeal.

22 September 2005 Penal Code sections 270 and 271

The case concerns sentencing for fraud in connection with the payment of a public subsidy to a shipping company that ran a ferry service. The main issue in the case was the level of sentence for such offences in general and, in particular, the weight to be attached to the convict’s role in the offence. Reference: HR-2005-01509-A, case no. 2005/516, criminal appeal.

22 September 2005 Ground Rent Act section 15

The issue in the case was whether the ground rent for residential plots of land shall be regulated in accordance with the consumer price index or in accordance with the provisions in the lease, see section 15 of the Ground Rent Act. The case also concerns the date from which the regulation was to become effective. Reference: HR-2005-01512-A, case no. 2005/198, civil appeal.

21 September 2005 Tax law. Deduction for loss on the sale of shares and bad debts

The case concerns judicial review of a decision by the tax authorities to refuse a limited liability company and three personal taxpayers the right to make deductions in income for loss incurred on the sale of shares. The case involved two substantive issues. The first issue was whether the taxpayers were entitled to deductions in income for losses incurred upon the sale of shares in the tax assessment for the fiscal year 1995 pursuant to the Corporate Taxation Act section 5-2 no. 2. The second issue was whether the taxpayers were entitled to deductions for bad debts. As far as the company was concerned, the claim related to the right to deductions for bad debts in the course of business pursuant to the former Taxation Act of 1911 section 44 subsection 1 d. As far as the personal taxpayers were concerned, the issue was whether they were entitled to deduction for bad debts pursuant to the rules in the former Taxation Act of 1911 section 45 subsection 1, cf. section 43 subsection 2 b. Reference: HR-2005-01502-A, case no. 2004/1815, civil appeal.

21 September 2005 Sentencing. Habitual criminal activity. Penal Code section 61

The case concerns sentencing for predominantly several offences involving violence perpetrated by a person who had several previous convictions for similar offences. In particular, the case involved the application of a new provision in section 61 of the Penal Code relating to recidivism. Reference: HR-2005-01503-A, case no. 2005/445, criminal appeal.

20 September 2005 Taxation Act 1911 section 44 subsection 1 d, Taxation Act 1999 section 6-2 subsec

The issue in the case was whether a limited company could make deductions for bad debts against a US subsidiary in connection with its tax assessment for the fiscal year 1998, see the former Taxation Act 1911 section 44 subsection 1 d, now the Taxation Act 1999 section 6-2 subsection 2. Reference: HR-2005-01491-A, case no. 2005/141, civil appeal.

19 September 2005 Criminal Procedure Act sections 216g and 264

The case concerns a further interlocutory appeal against the Court of Appeal’s interpretation of sections 216g and 264 of the Criminal Procedure Act in an interlocutory order that granted the defence counsel in a criminal case access to written material gathered in connection with telephone control. Reference: HR-2005-01489-A, case no. 2005/1232, criminal interlocutory appeal.

19 September 2005 Criminal Procedure Act section 68 and section 319 subsection 2

The issue in the case was whether an appeal filed within the time-limit for appeal by a public prosecutor without power to file an appeal was out-of-time in circumstances where the proper prosecution authority – the Director General of Public Prosecutions – endorsed the appeal immediately after the error was discovered but after the time-limit for appeal had expired. Reference: HR-2005-01498-A, case no. 2005/704, criminal appeal.

15 September 2005 Insurance law. Contract Act section 36. Insurance Contracts Act

The case concerns liability pursuant to a group life insurance and, in particular, application of the mitigation rule in section 36 of the Contract Act. Reference: HR-2005-01471-A, case no. 2005/7, civil appeal.

13 September 2005 Transfer to forced mental health care

The issue in the case was whether an order should be made to transfer the convict to forced mental health care, see the Penal Codes section 39 and the Mental Health Care Act of 2 July 1999 no. 62 chapter 5. Reference: HR-2005-01448-A, case no. 2005/757, criminal appeal.

13 September 2005 Sentencing. Assault. Penal Code section 228 subsection 1 cf. sections 232 and 291

The appeal concerns sentencing in a case where the overriding matter was an assault perpetrated under particularly aggravating circumstances. The main issue before the Supreme Court was whether, on account of the convict’s youth, it was appropriate to make a community service order rather than to impose a prison sentence. Reference: HR-2005-01449-A, case no. 2005/802, criminal appeal.

2 September 2005 Compensation law. Pregnancy poisoning. The Compensation Act section 2-1 no. 1 firs

The case concerns a claim for damages against a local authority for injury caused by acute pregnancy poisoning and fits (eclampsia), see the Compensation Act section 2-1. The grounds for the claim were that a local authority midwife negligently failed to detect a condition of pregnancy poisoning (preeclampsia) and that in any event, the local authority had inadequate routines that prevented the early detection of the condition. Reference: HR-2005-01386-A, case no. 2005/108, civil appeal.

2 September 2005 Sentencing. Possession of child pornography

The case concerns sentencing for the possession and distribution of child pornography, see the Penal Code section 204 subsection 1 d) as applicable prior to the statutory amendment of 20 May 2005 no. 29. Reference: HR-2005-01387-A, case no. 2005/477, criminal appeal.

2 September 2005 Criminal Procedure Act sections 363 and 343 subsection 1 no. 8

The case concerns the issues to be determined by the jury in a criminal case before the Court of Appeal sitting with a jury, and the formulation of the grounds for the decision relating to criminal liability. Reference: HR-2005-01394-A, case no. 2005/799, criminal appeal.

2 September 2005 Penal Code section 227 first sentencing alternative and section 291, subsection 1

The case concerns sentencing for unlawful threats and subsequent vandalism. Reference: HR-2005-01395-A, case no. 2005/562, criminal appeal.

2 September 2005 Penal Code section 162 subsection 2, section 28a and section 59 subsection 2

Reference: HR-2005-01396-A, case no. 2005/855, criminal appeal.

31 August 2005 Loss of driving rights. Road Traffic Act section 33 no. 1. Regulation on loss of driv

The case before the Supreme Court concerns the loss of driving rights in a case where the police had not confiscated the driving licence. Reference: HR-2005-01377-A, case no. 2005/360, criminal appeal.

31 August 2005 Loss of driving rights. Road Traffic Act section 33 no. 1 subsection 1

The case concerns the loss of driving rights and a prohibition against driving a motor vehicle that did not require a driving licence in a case where the police had not confiscated the driving licence. Reference:HR-2005-01378-A, case no. 2005/415, criminal appeal.

30 June 2005 Sentencing. Drug offence. Aiding and abetting.

Penal Code section 162 subsection 1 and subsection 3 first sentence cf. subsection 5. A woman was convicted of aiding and abetting the storage of 165 kg of hashish and 46 kg of amphetamine, and sentenced to imprisonment for a term of three years and six months. She had played a minor role, had spent 245 days in custody pending investigations and a long time had passed since the crime was committed, for which she could not be blamed. Reference: HR-2005-01067-A, case no. 2005/95, criminal appeal.

30 June 2005 Sentencing. Abuse of adoptive daughter.

Community service. Penal Code section 219 subsection 1 first sentencing alternative The case concerns sentencing for breach of the Penal Code section 219 subsection 1 first sentencing alternative. A father was convicted of having abused and mistreated his adoptive daughter from when she was four years old until she was sixteen. The Court of Appeal imposed an unconditional prison sentence of five months and awarded compensation for non-economic loss to the daughter in the amount of NOK 25 000. The Supreme Court dismissed the appeal. Reference: HR-2005-01068-A, case no. 2005/409.

30 June 2005 Protective custody. Penal Code section 39c no. 1

The issue in the case was whether a protective custody order should be made pursuant to section 39c no. 1 of the Penal Code for breach of section 229 first sentencing alternative cf. section 232 of the Penal Code (occasioning bodily harm under especially aggravating circumstancing). The accused had inflicted bodily harm on a 68 year old woman under especially aggravating circumstancing in connection with the attempted robbery of her home. Reference: HR-2005-01068-A, case no. 2005/409, criminal appeal.

30 June 2005 Confiscation of driving licence. Basis for calculation of the confiscation period

Road Traffic Act section 33 no. 1 subsection 6, Confiscation Regulation section 1-4 The case concerns the confiscation of a driving licence. The main issue in the case was from what date the confiscation period should start to run in circumstances where the owner of the licence had accepted the confiscation but the licence had not been delivered to the police or reported lost. Reference: HR-2005-01070-A, case no. 2005/647, criminal appeal.

30 June 2005 Value Added Tax Act section 21 subsection 1, first sentence cf. section 5a.

Regulation of 6 June 2001 no. 573 relating to the voluntary registration of the lessee of buildings and constructions for use in undertakings that are registered pursuant to the Value Added Tax Act The case concerns the validity of the decision of the Sør-Trøndelag County Tax Office to refuse a deduction for input VAT on the development of hotel rooms intended for rent and connected common areas, see section 21 of the Value Added Tax Act. Reference: HR-2005-01073-A, case no. 2005/311, civil appeal.

29 June 2005 Tax law. Tax assessment section 9-5 no. 8 cf.

Regulation on summary joint settlement section 6, Norwegian Constitution Article 97 The case concerns the tax assessment for Allseas Marine Contractors AS for the income years 1990, 1992 and 1993. The issue before the Supreme Court related to the allocation of deductions for the hire of vessels and indirect expenses for operations on the Norwegian continental shelf, and the determination of the rate of tax where the company was assessed and taxef by way of a summary joint settlement. Reference: HR-2005-01041-A, case no. 2004/1734, civil appeal.

29 June 2005 Liability of estate agent when selling a house

The issue in the case was whether a firm of estate agents was jointly and severally liable with the seller for financial loss inflicted on the purchaser of a house. An estate agent employed by the firm had acted negligently and failed to give relevant information in breach of his duty of care. Reference: HR-2005-01044-A, case no. 2005/12, civil appeal.

29 June 2005 Validity of a gift

The issue in the case was whether a gift was invalid on the grounds that the donor was suffering from a serious mental disorder. Reference: HR-2005-01045-A, case no. 2005/42, civil appeal.

29 June 2005 Insurance. Reduction of award. Use of seatbelt. The Motor Car Liability Act section 7

The case concerns the reduction of a compensation award following a road traffic accident on the grounds that the injured passenger had not worn a seatbelt. Reference: HR-2005-01047-A, case no. 2005/264, civil appeal.

29 June 2005 Criminal law. Negligently causing the death of another person by driving.

Standard of care. Penal Code section 239. The case concerns an appeal against the Court of Appeal’s application of the law in connection with an acquittal for a charge of negligently causing the death of another person by driving, see section 239 of the Penal Code. The Supreme Court quashed the Court of Appeal’s judgement and the appeal trial. Reference: HR-2005-01048-A, case no. 2005/531, criminal appeal.

29 June 2005 Confiscation of a stereo system. Penal Code section 35 subsection 2

The case concerns confiscation of a stereo system that had been used to cause extensive and long-term breach of the peace on a housing estate, see the Penal Codes section 35 subsection 2. Reference: HR-2005-01049-A, case no. 2005/532, criminal appeal.

29 June 2005 Compensation law. Reduction of liability. Compensation Act section 5-2 first sentence

The case concerns the reduction of liability for extensive damage caused by an intentionally detonated bomb; see the Compensation Act section 5-2. Reference: HR-2005-01050-A, case no. 2005/63, civil appeal.

29 June 2005 Criminal law. Procedure. Reading aloud of expert report. Criminal Procedure Act sectio

The case concerns an appeal against procedure in a criminal case before the Court of Appeal where the accused was acquitted. The issue in the case was whether counsel for the defence, during his summing-up, had read aloud from an expert report which the court had refused to admit as evidence, whether this was an error in procedure and, if so, whether the judgement of the Court of Appeal must be quashed. Reference: HR-2005-01051-A, case no. 2005/220, criminal appeal.

29 June 2005 Right of way. Easements Act section 8 subsection 2

The case concerns the rejection of an application for the adjustment or modification of a right of way pursuant to section 8 subsection 2 of the Easements Act. Reference: HR-2005-01052-A, case no. 2004/1814, civil interlocutory appeal.

29 June 2005 Sentencing. Child pornography

The case concerns sentencing for the possession and distribution of child pornography, see the Penal Code section 204 subsection 1 d as it applied prior to a statutory amendment of 1 August 2003 no. 86. Reference: HR-2005-01053-A, case no. 2005/337, criminal appeal.

29 June 2005 Sentencing. Drug offence. Penal Code section 162 subsections 1 and 3 cf. subsection 5

The case concerns sentencing for aiding and abetting the attempted import of 92 kg of hashish. Reference: HR-2005-01054-A, case no. 2005/619, criminal appeal.

29 June 2005 Criminal law. Insurance fraud. Sentencing. Penal Code section 272 subsection 2 no.2

The case concerns the application of law for a false insurance claim and sentencing for insurance fraud and a serious speeding offence. Reference: HR-2005-01057-A, case no. 2005/554, criminal appeal.

29 June 2005 Sentencing. Assault of cohabitee. Application of law

Penal Code section 219 subsection 1, first sentence. Based on an interpretation of the former statutory provision and the preparatory works to section 219 of the Penal Code, the Supreme Court found that the words “incapable of taking care of him- or herself” do not apply to spouses or cohabitees. Children, spouses and cohabitees enjoy protection without any requirement of helplessness. The conviction for several counts of assault against a former cohabitee was upheld and the sentence was fixed at 12 months’ imprisonment in accordance with the judgement of the Court of Appeal. Reference: HR-2005-01058-A, case no. 2005/589, criminal appeal.

27 June 2005 Employment law. Fixed term (temporary) employment contract

The case concerns a claim brought by an employee against his employer for compensation for a fixed term (temporary9 contract that was in breach of section 58A of the Employment Act. The issue in the case was whether the contract was in fact a temporary contract. Reference: HR-2005-01028-A, case no. 2005/147, civil appeal.

24 June 2005 Criminal law. Plenary decision. Penal Code section 195 subsection 3, ECHR Article 6(2)

The issue in the case was whether section 195 subsection 3 of the Penal Code, which provides that mistake as to the child’s age shall not exonerate criminal liability for sexual assault of a child below the age of 14 years, is in violation of the presumption of innocence in Article 6(2) of the European Convention on Human Rights (ECHR). Reference: HR-2005-01014-A, case no. 2005/260, criminal appeal.

21 June 2005 Public right of way. Outdoor Recreation Act sections 1, 1a and 2

The case concerned a public right of way over a private holiday home property in the local authority of Hvaler in the County of Østfold. Reference: HR-2005-00989-A, case no 2004/1662, civil appeal.

17 June 2005 Construction law. Norwegian Standard NS 3430

The case concerns the interpretation of “additional expenditure” (merutgifter) in clause 21.1(1) of the Norwegian Standard NS 3430, Standard terms of contract for building and construction. Reference: HR-2005-00973-A, case no. 2004/1461, civil appeal.

15 June 2005 Penal Code section 61. Community service order.

The case concerns sentencing for the storage and purchase of hashish and for driving a motor vehicle without a valid licence in circumstances where the accused had numerous previous convictions. The issue in the case was whether it was appropriate to make a community service order. Reference: HR-200500961-A, case no. 2005/559, criminal appeal.

14 June 2005 Penal Code section 34. Confiscation. Sale of narcotics

The case concerns confiscation of the proceeds of sale of narcotics in circumstances where the accused has not received payment, see section 34 of the Penal Code. Reference: HR-2005-00950-A, case no. 2005/490, criminal appeal.

10 June 2005 Compensation law. Right of indemnity

The case concerns the interpretation of section 3-7 no. 3 of the Compensation Act, more particularly whether a right of indemnity can be claimed within the full scope of the tortfeasor’s total liability (parcel by parcel) or only for each individual head of damage (post by post). Reference: HR-2005-00926-A, case no. 2004/1697, civil appeal.

9 June 2005 Civil procedure. Accessory intervention

Ten neighbouring holiday home owners declared accessory intervention in support of the local authority in an appeal before the Supreme Court between Mr Jan Wilhelmsen and the Hvaler local authority regarding a public right of way across Mr Wilhelmsen’s holiday property in the village of Herføl in Hvaler, see the Civil Procedure Act section 75. The issue in the case was whether the conditions for accessory intervention were fulfilled. Reference: HR-2005-00916-A, case no. 2004/1662, civil appeal.

8 June 2005 Sentencing. Penal Code section 61

The case concerns sentencing for one count of theft and one minor drug offence committed by a person with 30 previous convictions, see the Penal Code section 61. Reference: HR-2005-00909-A, case no. 2005/314, criminal appeal.

8 June 2005 Sentencing. Penal Code section 182 subsection 1 first sentencing alternative, section 1

The case concerns sentencing for the unlawful acquisition of tablets containing narcotic substances by using a false prescription. The issue in the case was whether it was appropriate to impose a community service order, see the Penal Code section 28a. Reference: HR-2005-00911-A, case no. 2005/482, criminal appeal.

8 June 2005 Jurisdiction of the court enforcement officer

The issue in the case was whether the court enforcement officer had jurisdiction pursuant to section 7-3 of the Act relating to the Enforcement of Civil Claims to make an attachment of earnings order in a pension that was paid from Norway to a pensioner who was permanently resident in Spain. Reference: HR-2005-00910-A, case no. 2004/1784, civil interlocutory appeal.

7 June 2005 Calculation of production duty.

The Petroleum Act. Government regulation of 27 June 1997 no. 653 section 31 and Government regulation of 14 June 1985 no 1158 section 22 to the Petroleum Activities Act The case concerns the calculation of production duty in connection with oil production on the Statfjord oil field on the Norwegian continental shelf. Reference: HR-2005-00905-A, case no 2005/83, civil appeal.

1 June 2005 Sentencing. Assault of police officer.

Penal Code section 127, subsection 1, first sentencing alternative. The case concerns sentencing for the assault of a police officer in breach of the Penal Code section 127. The issue in the case was whether it was appropriate to impose a community service order, see the Penal Code section 28a.Reference: HR-2005-00881-A, case no. 2005/357, criminal appeal.

1 June 2005 Sentencing. Hawala banking II

The case concerns sentencing for breach of the Accounting Act, the Tax Assessment Act, the Currency Control Act and the provisions of the Penal Code relating to the receiving of the proceeds of a criminal act in connection with so-called hawala brokerage (informal value transfer system). Dissent. Reference: HR 2005-00880-A, case no. 2005/224, criminal appeal.

1 June 2005 Sentencing. Hawala banking

The case concerns sentencing for breach of the Accounting Act, the Tax Assessment Act, the Currency Control Act and the Financial Institutions Act in connection with so-called hawala brokerage (informal value transfer system). Dissent. Reference: HR 2005-00879-A, case no. 2005/20, criminal appeal.

31 May 2005 Company Taxation Act 1991 section 1-6, now the Taxation Act section 10-5

The issue in the case was whether a limited company, more precisely a hydroelectric power producer – was obliged to enter corrective income as income for dividends that were paid from the company, see the former Company Taxation Act section 1-6, now the Taxation Act section 10-5. The case related to the transitional rules that were enacted in connection with the transition on 1 January 1997 from taxation on the imputed value of property to direct assessment of property for publicly owned hydroelectric power producers. Reference: HR-2005-00867-A, case no. 2004/1571, civil appeal.

30 May 2005 Custody and contact. The Children Act sections 48 and 42

The issue in the case was which of the parents a 10 year old girl should live with on a permanent basis, and rights of contact for the other parent. Reference: HR-2005-00853-A, case no. 2004/1864, civil appeal.

24 May 2005 Rape. Sentencing. Compensation for non-economic loss.

Penal Code section 192 subsection 1 b, cf. subsection 2 a. The case concerns sentencing for sexual intercourse with a woman who was not capable of resisting the act because she was asleep, and the measure of compensation for non-economic loss to the victim. The sentence was fixed at two years’ imprisonment of which 90 days was unconditional. Compensation was fixed at NOK 50 000. Reference: HR-2005-00821-A, case no. 2005/202, criminal appeal.

11 May 2005 Self-defence. Wildlife Act section 11 subsection 1

The case concerns the application of law in relation to the self-defence provisions in section 11 subsection 1 of the Wildlife Act in a case concerning the killing of a bear. Reference: HR-2005-00769-A, case no. 2005/189.

11 May 2005 Compensation for economic and non-economic loss for wrongful prosecution

The case concerns compensation for economic and non-economic loss for wrongful prosecution, see the Criminal Procedure Act section 444, 445 and 446 as they applied prior to the statutory amendment of 10 January 2003 no. 3. Reference: HR-200405-00771-A, case no. 2004/1595, criminal interlocutory appeal.

11 May 2005 Loss of licence. Occupational driver

The case concerns the confiscation of a driving licence following conviction for breach of the Road Traffic Act section 31 subsection 1, cf. section 3 and section 12 subsection 2. Section 33 no. 1 of the Act, which empowers the court to impose a more lenient sentence than the minimum sentence prescribed for the offence, was not applicable. Reference: HR-2005-00772-A, case no. 2005/134, criminal appeal.

11 May 2005 Child Welfare Act section 4-12

The case concerns review pursuant to chapter 33 of the Civil Procedure Act of a decision of the County Committee for Social Affairs in Sør & Nord-Trøndelag to take a 13 ½ year old girl into care. Reference: HR-2005-00768-A, case no. 2004/335, civil appeal.

10 May 2005 Principle for valuation in the event of compulsory purchase of a holiday home

The case concerns the principles for valuation that are applicable when part of a plot of land used as a holiday home where compulsorily sold to the state for recreation purposes for the general public. Reference: HR-2005-00761-A, case no. 2004/1376, civil appeal.

3 May 2005 Locus standi. EEA law

The case concerns the locus standi of a group of employees in a case concerning judicial review of a decision of the tax appeal board ordering the employer to pay national insurance employer’s contribution. The primary question was whether locus standi could be founded in EEA law. Reference: HR-2005-00713-A, case no. 2004/1706, civil interlocutory appeal.

29 April 2005 Sentencing. Robbery

The case concerns sentencing for robbery, see the Penal Code section 267, cf. section 268 subsection 1, in particular whether it was appropriate to make a community service order. The night time robbery of a petrol station using an unloaded gas-driven air pistol was found to borderline on aggravated robbery. The sentence was fixed at 15 months’ imprisonment, of which six months was deferred. Dissent 4-1. Reference: HR-2005-00676-A, case no. 2005/302, criminal appeal.

29 April 2005 Sentencing. Negligently causing the death of another person with a tram.

Penal Code section 239 first sentencing alternative. Road Traffic Act section 31 subsection 1, cf. section 3 The case concerns sentencing for negligently causing the death of another person. The Court reduced the sentence of the District Court to 30 days’ imprisonment. Reference: HR-2005-00682-A, Case no. 2005/193, criminal appeal.

29 April 2005 Criminal law. Drug offences. Sentencing. Penal Code section 162 subsection 2, cf. sub

The case concerns sentencing for an aggravated drug felony, more particularly dealing with 600 grams of 9 % heroin. Reference: HR-2005-00687-A, case no. 2005/326, criminal appeal.

29 April 2005 Sentencing. Threats and violence against a spouse

The case concerns sentencing of a man who was convicted for one count of violence and threats against his wife, see the Penal Code section 228 subsection 1 and section 227. The sentence was fixed at 30 days’ imprisonment despite the fact that the victim had expressed that she did not want the accused to be given a prison sentence. Reference: HR-2005-00688-A, case no. 2005/217, criminal appeal.

28 April 2005 Environmental crime. Application of law. Procedure. Sentencing.

Penal Code section 152b subsection 2 nos. 1 and 2. The case concerns an appeal against procedure and the application of law following a conviction for breach of the Penal Code section 152b subsection 2 no. 1, and against sentencing for breach of section 152b subsection 2 nos. 1 and 2. The appellant had completely cut down large areas of a nature reserve and had thereby damaged endangered species of lichen. Reference: HR-2005-00668-A, case no. 2005/223, criminal appeal.

28 April 2005 Tax law. Reducing balance method of depreciation

The issue in the case was whether a taxpayer that changed its accounting year from an irregular year to the calendar year could claim a tax deduction for reducing balance depreciation for a full year for the period between the old and the new accounting year, see the Taxation Act of 1911 section 44 subsection 1 c. Reference: HR-2005-00670-A, case no. 2004/1728, civil appeal.

27 April 2005 Sentencing. Sexual offence. Penal Code section 195 subsection 1, 2 c

The case concerns sentencing for sexual offences, including two counts of sexual assault of a six year old girl, see the Penal Code section 195 subsection 1, first sentence and subsection 2 c. The Court reduced the sentence of the Court of Appeal to 15 months’ imprisonment. Reference: HR-2005-00663-A, case no. 2005/170, criminal appeal.

27 April 2005 Sentencing. Attempted rape. Penal Code section 192 subsection 1 a

The case concerns sentencing for attempted rape committed by a man who had a previous conviction for rape committed before he was 18 years old. Reference: HR-2005-00665-A, case no. 2005/252, criminal appeal.

27 April 2005 Sentencing. Sexual assault. Compensation for non-economic loss

The case concerns sentencing for inter alia two counts of sexual assault of children below the age of 14 years in violation of section 195 subsection 1 of the Penal Code, and compensation for non-economic loss to the victims. The main issue in the case was whether it was appropriate to make a community service order. The Court made statements on the conditions that must be fulfilled in order that an accused can be said to have made a “full confession” within the terms of section 59 subsection 2 of the Penal Code. Six months of a sentence of two years and one month’s imprisonment was deferred. Reference: HR-2005-00666-A, case no. 2005/246, criminal appeal.

27 April 2005 Sentencing. Sexual offence. Penal Code section 195 subsection 1, second sentencing al

The case concerns sentencing for sexual assault pursuant to the Penal Code section 195 subsection 1, second sentencing alternative. The main issue in the case was whether it was appropriate to make a community service order in a case concerning sexual assault including sexual intercourse of a child below 14 years of age. Reference: HR-2005-00667-A, case no. 2005/303, criminal appeal.

27 April 2005 Dividend pursuant to the Limited Companies Act section 8-4

The case concerns the payment of a dividend calculated pursuant to section 8-4 of the Limited Liability Companies Act, more particularly whether the dividend should be calculated on the basis of the shareholding at the date of the general meeting’s resolution to issue the dividend, or on the basis of the reduced shareholding at the date of the decision of the court. Reference: HR-2005-00662-A, case no. sso/25, civil appeal.

27 April 2005 Social security law. Invalidity pension. Date of invalidity

The case concerns the determination of the date of invalidity pursuant to section 12-10 of the National Insurance Act. Section 12-10 cf. section 12-7 of the National Insurance Act must be interpreted such that the relevant date is when the earning capacity is reduced by at least a half, and, where the applicant is an employee as opposed to an independent contractor, without regard to the provisions of section 12-7 subsection 2 third sentence. Reference: HR-2005-00664-A, case no. 2005/109, civil appeal.

22 April 2005 Employment law. Summary dismissal. Downloading of pornographic material

The case concerns the validity of a summary dismissal on the grounds that the employees had unlawfully used the employer’s computers to download pornographic material. Reference: HR-2005-00649-A, case no. 2004/1776, civil appeal.

21 April 2005 Social security law. Occupational injury. National Insurance Act section 13-4

The case concerns the validity of a decision of the Social Security Tribunal in a case concerning a claim for compensation for permanent injury pursuant to section 13-17 of the National Insurance Act. The issue in the case was whether a woman’s lung cancer could fully qualify as an occupational injury in circumstances where the lung cancer was both a result of her having smoked for many years and of exposure to passive smoking in the workplace, see section 13-4 subsection 2 of the National Insurance Act. Reference: HR-2005-00634-A, case no. 2004/1536, civil appeal.

21 April 2005 Estate agent’s claim for commission

The case concerns an estate agent’s claim for commission pursuant to section 4-2 subsection 2, cf. subsection 4 of the Estate Agents Act in connection with the sale of a property in Sweden. The issue in the case was whether the question whether the parties were legally bound should be determined in accordance with Norwegian or Swedish law. Reference: HR-2005-00641-A, case no. 2004/1746, civil appeal.

20 April 2005 Storage of drugs. Sentencing. Community service. Penal Code section 162 subsections 1

The case concerns sentencing for the storage of approx 7 kg of hashish and approx 60 g of cocaine, primarily whether a community service order should be imposed. Reference: HR-2005-00629-A, case no. 2005/153, criminal appeal.

20 April 2005 Nature Conservation Act section 20b

The case concerns an appeal against a judicial assessment where compensation was awarded for financial loss following the imposition of a limitation on user pursuant to section 20b of the Nature Conservation Act 1970. Reference: HR-2005-00628-A, case no. 2004/1707, civil appeal.

20 April 2004 Sale of goods. Proprietary right in the goods. Cancellation of purchase

The main issue in the case was whether the seller’s supplier had claimed a right in the goods which gave the buyer the right to cancel the contract, see the Sale of Goods Act 1988 section 41 subsection 3, cf. section 39 subsection 1. Reference: HR-2005-00630-A, case no. 2004/1619, civil appeal.

19 April 2005 Criminal procedure. Directions to jury. Criminal Procedure Act section 370 subsection

The issue in the case was whether the Court of Appeal had made a procedural error when it gave supplementary directions to the jury in the jury room and not in open court, and whether the guidelines given to the jury in the supplementary directions were based on a proper interpretation of the law. Reference: HR 2005-00616-A, case no 2005/133, criminal appeal.

7 April 2005 Lawyer’s practicing licence. Compensation. Courts of Justice Act sections 220 and 230

The issue in the case was whether a lawyer whose practicing licence had been revoked was entitled to a new licence when the circumstances that had led to the revocation were put right, and, if so, whether the State was liable to compensate the financial loss suffered when the application for the return of the licence was refused. Reference: HR 2005-00545-A, case no. 2004/1295, civil appeal.

6 April 2005 Community service. Penal Code sections 28a, 162 subsections 1 and 2 cf. subsection 5

The case concerns the imposition of a community service order for the possession of approximately 1.8 kg of methamphetamine (ecstasy). Dissent 3-2. Reference: HR 2005-00543-A, case no. 2005/66, criminal appeal.

6. April 2005 Tax law. The Taxation Act 1911 sections 19A-2, 19A-3, 19A-4 and 26

The first issue in the case was whether a local authority was the proper tax subject for natural resources tax and economic rent tax pursuant to the Taxation Act of 1911 sections 19A-2, 19A-3, 19A-4, for three power plants that were on lease to a county authority power company. The second issue in the case was whether the local authority was liable for tax on the rent paid under the lease pursuant to section 26 subsection 1 second sentence, and the relevance for taxation purposes of the fact that the rent was paid as a single lump sum. Reference: HR 2005-00541-A, case no. 2004/1273, civil appeal.

31 March 2005 Legal competence of lay judge.

Courts of Justice Act section 108. The issue in the case was whether an expert lay judge in the district court was disqualified from acting pursuant to section 108 of the Courts of Justice Act. The order of the Court of Appeal was quashed. Reference: HR 2005-0049-A, case no. 2005/32, criminal appeal.

31 March 2005 Sentencing. Drug offence.

Penal Code section 162 subsections 1 and 2 cf. subsection 5. The case concerns sentencing for attempted storage of 450g amphetamine in prison. The sentence was reduced to a term of imprisonment of two years and three months. Reference: HR-2005-00491-A, case no. 2005/250, criminal appeal.

18 March 2005 Sentencing. Drug offence. Community service.

Penal Code section 162 subsections 1 and 2 cf. subsection 5. Penal Code section 28a. The accused was convicted of the illegal sale of 100 g of amphetamine and 300 rohypnol tablets, and for the purchase and storage of 900 rohypnol tablets. The main issue was whether there were grounds for imposing a community service order. The Supreme Court attached weight to the fact that it took 3 ½ years from the date when the offences were committed until the investigation was completed, and that the accused was in the middle of taking an education. The sentence was fixed at 300 hours’ community service. Reference: HR-2005-00446-A, case no. 2005/120, criminal appeal.

17 March 2005 Land Consolidation Act

The issue in the case was whether an appeal against the Land Consolidation Court’s determination of compensation should have been heard by the Land Consolidation Appeal Court or by the Court of Appeal. Reference: HR-2005-00417-A, case no. 2004/1570, criminal appeal.

17 March 2005 Criminal law. Homicide.

Conversion of preventive detention to protective custody. Penal Code section 39a. The case concerns the conversion of a preventive detention order into a protective custody order following conviction for murder by poisoning with intent. Reference: HR-2005-00428-A, case no. 2004/1804, criminal appeal.

17 March 2005 Protective custody. Penal Code section 39a

The case concerns sentencing for, amongst other things, attempted murder with intent and breach of section 148 of the Penal Code – causing an explosion which may easily result in loss of human life – and the measure of compensation for non-economic loss payable to the victim. The main issue in determining the sentence was whether there were grounds for imposing a protective custody order. The majority of the Supreme Court voted for a protective custody order for a maximum term of 15 years and a minimum term of 10 years. The Supreme Court dismissed the appeal against the Court of Appeal’s judgement regarding compensation to the victim. Reference: HR-2005-00429-A, case no.2004/1813, criminal appeal.

17 March 2005 Procedural error in the Court of Appeal

The main issue before the Supreme Court was whether there had been an error in procedure when the jury in a criminal case before the Court of Appeal had been allowed to go home for the night after they had started deliberations on the question of guilt but before they had reached a conclusion. The appeal was dismissed. Reference: HR-2005-00430-A, case no. 2004/1854, criminal appeal.

17 march 2005 Grievous bodily harm and threats. Protective custody.

Penal Code section 231 first sentencing alternative cf. section 232. Penal Code section 39 c no. 1 The case concerns sentencing following a conviction for grievous bodily harm and threats. The issue in the case was whether there were grounds for making a protective custody order pursuant to section 39 no. 1 of the Penal Code. Reference: HR-2005-00433-A, case no. 2004/1871, criminal appeal.

17 March 2005 Taxation law. Depreciation.

Taxation Act section 14-41 subsection 1 (g) and (h) The case concerns the validity of the decision of the Trondheim Tax Appeal Board relating to the reversal of depreciation claimed on two properties for the fiscal year 2000. The salient question was whether the properties were to be classified as “construction and buildings” or as “commercial buildings” within the terms of section 14-41 (g) and (h) of the Taxation Act. Reference: HR-2005-00435-A, case no. 2004/1767, civil appeal.

17 March 2005 Sentencing. Drug offences II

Penal Code section 162 subsections 1 and 3. Penal Code section 162 subsections 1 and 2 A was convicted and sentenced to four years and nine months’ imprisonment for the illegal import of 1200 g of 16 % heroin (equivalent to 200 g pure heroin). He was given a rebate in sentence on account of the fact that he had made a full confession to the police and had cooperated with the police during the police investigation. With regard to a second accused, B, who was to have collected the drugs from A, the intent was deemed to cover 15-20 g of heroin, and the sentence was fixed at 1 year and two months’ imprisonment. Reference: HR-2005- 00436-A, case no. 2004/1749, criminal appeal and case no. 2004/1754, criminal appeal.

17 March 2005 Sentencing. Drug offences.

Penal Code section 162 subsections 1 and 2, cf. subsection 5. Criminal Procedure Act section 243 subsection 2 no. 3 cf. section 294 The case concerns the quashing of two decisions of the Court of Appeal due to the assessment of evidence related to lack of knowledge of communication control. The accused was convicted and sentenced to two years’ imprisonment for the sale and distribution of approx 45 g of heroin, storage of 3.8 kg of hashish, receiving stolen goods and illegal possession of firearms. The Court attached mitigating weight to the long time that had passed since the offences were committed and to the accused’s psychological problems. Reference: HR-2005-00439-A, case no.2004/1037, criminal appeal and case no. 2004/1792, criminal appeal.

15 March 2005 Sale of goods.

Termination without notice, damages, time-limit for submitting complaint, default interest. Sale of Goods Act section 18 subsection 1 and sections 32, 39, 65 and 67. The case concerns a claim for termination of the contract without notice and damages on the grounds that the goods did not answer to the description that the seller had provided in his marketing of the goods, see the Sale of Goods Act section 18 subsection 1. Reference: HR-2005-00392-A, case no. 2004/1400, civil appeal.

15 March 2005 Contract law, breach of contract and damages in contract.

The issue in the case was whether a binding agreement had been entered into between a fish slaughterhouse and the manufacturer of farmed salmon regarding the slaughter of fish, whether there was breach of contract and damages. Reference: HR-2005-00397-A, case no. 2004/1351, civil appeal.

11 March 2005 Deportation II

Immigration Act section 29 subsection 2 (as it applied prior to a statutory amendment in 2004). ECHR Article 8. International Convention on the Rights of the Child Article 3(1) The case concerns the validity of a deportation order and a prohibition against re-entry for two years issued pursuant to the Immigration Act. The issue in the case was whether the order was disproportionate towards the foreigner’s closest family, see section 29 subsection of the Immigration Act. Reference: HR-2005-00374-A, case no. 2004/1629, civil appeal.

11 March 2005 Deportation.

Immigration Act section 29 subsection 1 (c) and subsection 2 first sentence as they applied prior to a statutory amendment in 2004 The case concerns the validity of a deportation order issued by the immigration authorities in respect of a foreigner who was convicted in Norway of, among other things, grievous bodily harm, see section 29 subsection 1 (c) of the Immigration Act. Section 29 of the Immigration Act contains a requirement that the deportation order must not be disproportionate towards the foreigner or his family bearing in mind the seriousness of the offence and the foreigner’s association to Norway. One of the main issues in the case was the relevance and weight to be attached when making this assessment to the fact that the person in question had moved to Norway when he was quite young. Reference: HR-2005-00375-A, case no. 2004/1631, civil appeal.

8 March 2005 Sentencing. False testimony. Community service. Penal Code section 166

The issue in the case was whether there were grounds for making a community service order following a conviction for, among other things, aiding and abetting false testimony. Reference: HR-2005-00344-A, case no. 2005/72 and case no. 2005/73, criminal appeals.

3 March 2005 Compensation law. Road Transport Act sections 1, 5, 28, 29 and 41.

Security Services Act 1988. Interpretation of contract The case concerns liability for loss incurred following the robbery of a cash transport vehicle. The Supreme Court upheld the judgement of the Court of Appeal. Reference: HR-2005-00327-A, case no. 2004/1256, civil appeal.

3 March 2005 Sentencing. Social security fraud. Penal Code sections 166, 270, 271 and 271a

The case concerns sentencing for grossly negligent aggravated social security fraud, in particular whether there was grounds for imposing either a conditional sentence of imprisonment or community service order. Reference: HR-2005-00328-A, case no. 2005/53, criminal appeal.

1 March 2005 Sentencing. Speeding. Community service. Road Traffic Act section 31 cf. section 5 su

The case concerns sentencing for 60 km/h speed limit zone. The primary issue was whether there were grounds for imposing a community service order. Reference: HR-2005-00309-A, case no. 2005/1, criminal appeal.

1 March 2005 Sentencing. Speeding. Community service. Road Traffic Act section 31 and section 5.

The case concerns sentencing for speeding – 155 km/h in an area with a speed limit of 100 km/h. The primary issue was whether there were grounds for imposing a community service order. Reference: HR-2005-00310-A, case no. 2004/1799, criminal appeal.

28 February 2005 Sentencing. Failure to assist at the scene of a road traffic accident, false repor

The case concerns sentencing for breach of the Penal Code section 171 no. 1 (false reporting of a criminal offence) and section 228 subsection 1 (assault), and breach of section 31 cf. section 12 subsection 1 of the Road Traffic Act. Reference: HR-2005-00299-A, case no. 2005/55, criminal appeal.

18 February 2005 Sentencing. Compensation for non-economic loss.

Penal Code section 193 subsection 2 The case concerns sentencing and the computation of compensation for non-economic loss for sexual assault of a severely mentally handicapped woman perpetrated by two men acting together, see the Penal Code section 193 subsection 2. Reference: HR-2005-00258-A, case no. 2004/1586, criminal appeal.

18 February 2005 Sentencing. Community service.

Breach of accounting, reporting and excise legislation. The case concerns sentencing for breach of the Value Added Tax Act, the Tax Assessment Act and the Accounting Act, in particular the question whether a community service order could be imposed, see section 28a of the Penal Code. Reference: HR-2005-00259-A, case no. 2004/1862, criminal appeal.

16 February 2005 Sentencing. Rape. Protective custody.

Penal Code section 192 subsection1(a), cf. subsection3(c). Penal Code section 39c. The case concerns sentencing – including the issue of protective custody –following conviction for rape in circumstances where the accused had previously been convicted of two instances of rape some 10 years previously. Reference: HR-20056-00246-A, case no. 2004/1753, criminal appeal.

9 February 2005 Loss of driving licence. Driving licence regulations

The issue before the Supreme Court related to the confiscation of a driving licence from a man who was convicted of a number of assaults against his wife. The accused had, amongst other things, used a car as a tool in a frightening and intentional aggravated criminal damage and intentional breach of section 3 of the Road Traffic Act (due care and attention). Reference: HR-2005-00209-A, case no. 2004/1888, criminal appeal.

8 February 2005 Compensation for economic and non-economic loss.

Liability in damages for the mentally ill. The case concerns a claim for compensation for non-economic loss pursuant to the Compensation Act section 3-5 cf. section 1-3 for physical and mental injury suffered by the victim of an attempted murder where the attempted murderer was mentally ill at the time the offence took place. Reference: HR-2005-00202-A, case no. 2004/757, civil appeal.

8 February 2005 Sentencing. Tax and excise evasion. Penal Code section 27

The case concerns sentencing for tax and excise evasion, in particular the question whether and to what extent the level of additional surcharge is relevant when determining the amount of the fine to be imposed in criminal proceedings. Reference: HR-2005-00203-A, case no. 2004/1762, criminal appeal.

8 February 2005 Customs duty. Customs Act section 37.

The customs authorities discretion and judicial review of administrative action. The case concerns the validity of a decision made by the Norwegian Customs and Excise Directorate concerning the computation of value added tax and boat engine tax for three vessels that were imported to Norway subject to a provisional exemption from import duty. The person responsible for paying the tax is the “owner of the goods” within the terms of section 37 of the Customs Act. The issue in the case was whether a person who purchased the vessels more than two years after they were imported to Norway, was liable for the import duty. Reference: HR-2005-00206-A, case no. 2004/1358, civil appeal.

8 February 2005 Sentencing. Sexual offence

The case concerns sentencing and compensation for non-economic loss in circumstances where a 30 year old man had sexual intercourse with a girl aged 14 years and 11 months; see the Penal Code section 196 subsection 1. Reference: HR-2005-00207-A, case no. 2004/1676, criminal appeal.

4 February 2005 Sexual offence. Penal Code section 196

The case concerns sentencing for sexual assault of a child below the age of 16 years where the offence was committed by several persons acting together, see the Penal Code section 196 subsection 1, cf subsection 2(a). Reference: HR-2005-00194-A, case no. 2004/1515, criminal appeal.

2 February 2005 Taxation law. Demerger.

Company Taxation Act section 8-1, 8-4 and 8-7. Limited Liability Companies Act (1976) section 6-1 The case concerns the conditions for a tax free demerger pursuant to chapter 8 of the Company Taxation Act of 1991, and the adjustment of income to take account of additional share dividends paid out after the demerger. Reference: HR-2005-00181-A, case no. 2004/1291, civil appeal.

1 February 2005 Environment law. Illegal killing of wolverine. Gaming Act section 56

Four men were sentenced to 21 days’ imprisonment and their hunting and fishing rights were suspended for a period of two years for the illegal killing of wolverine and for breach of the Act of 10 June 1977 relating to motorized traffic on uncultivated land and in watercourses. Reference: HR-2005-00162-A, case no. 2004/1594, criminal appeal.

1 February 2005 Sentencing. Homicide, aggravated robbery.

Penal Code section 233 subsections 1 and 2, section 268 subsection 1 and 3 cf. section 267 The case concerns sentencing of two men, the first of whom was convicted of homicide and aggravated robbery, and the second of whom was convicted of aggravated robbery leading to loss of life. Reference: HR-2005-00171-A, case no. 2004/1648, criminal appeal.

27 January 2005 Compensation. NAPSTER

The case concerns a claim for damages pursuant to section 55 of the Copyright Act where the defendant had made and placed links to protected works on the internet, more particularly music file in mp3 format. Reference: HR-2005-00133-A, case no 2004/822, civil appeal.

27 January 2005 Compensation

The issue in the case was whether a telecommunications network company could claim damages against a construction company that severed one of the company’s electric cables, thereby causing a power cut and loss of income. Reference: HR-2005-00138-A, case no. 2004/1352, civil appeal.

26 January 2005 Sexual offences. Sentencing

The case concerns sentencing for breach of the Penal Code section 195 subsection 1 second sentencing alternative, where a man aged 17 years and 10 months had sexual intercourse with a girl who in a few days time would have been 13 years old. Reference: HR-2005-00130-A, case no. 2004/1621, criminal appeal.

26 January 2005 Implementation of Sentences Act section 58, Penal Code section 28b

International Convention on the Rights of the Child Article 3(1) and Article 37(b) The case concerns a further interlocutory appeal against an order for partial implementation of a suspended prison sentence that was made supplementary to a community service order. The issue before the Supreme Court was whether the order of the Court of Appeal was in violation of the UN Convention on the Rights of the Child. Reference: HR-2005-00131-A, case no. 2004/1488, criminal interlocutory appeal.

26 January 2005 Sentencing. Drug offence.

Penal Code section 162 subsection 1, Penal Code section 60 The case concerns sentencing of a heavily addicted drug addict for the purchase of small amounts of amphetamine and hashish for his own use. A minority of the Supreme Court found that a fine of NOK 2 500 was sufficient, and that this should be deemed to have been satisfied on account of time spent on remand in custody. The majority of the Court, however, sentenced the accused to 14 days’ imprisonment. The Court held unanimously that the sentence should be reduced by three days for time held on remand in police custody, in accordance with the rules relating to remand in isolation. Reference: HR-2005-00132-A, case no. 2004/1646, criminal appeal.

19 January 2005 Housing law. Contract law. Limitation

The issue in the case was whether a tenant could terminate a lease and claim compensation for additional removal costs where an industrial property could no longer be used for the purpose for which it was leased on account of noise outside the property caused by the landlord’s business. Reference: HR-2005-00089-A, case no. 2004/1214, civil appeal.

22 December 2004 Interference with ownership rights/transfer of ownership rights.

Salmon and Freshwater Fishing Act section 18, - the Norwegian Constitution Article 105 Section 18 of the Salmon and Freshwater Fishing Act provides that children under the age of 16 are entitled, without charge, to fish freshwater fish with rods and hand-held lines, subject only to certain restrictions. The issue in the case was whether this right could be exercised without compensation to the landowner, see Article 105 of the Norwegian Constitution, and whether section 18 of the Salmon and Freshwater Fishing Act was in violation of Article 1 of Protocol 1 to the European Convention on Human Rights. Reference: HR-2004-02115-A, case no. 2004/759, civil appeal.

22 December 2004 Reading aloud of witness statement. Sentencing. Drug offences.

Penal Code section 162 subsections 1 and 2, and section 162 subsections 1 and 3 The issue in the case was whether, in a drug case, it was incorrect to allow a statement made by a co-accused to the police during the investigation to be read aloud during the appeal proceedings before the Court of Appeal. The case also concerns sentencing. Reference: HR-2004-02116-A, case no 2004/1409, criminal appeal.

22 December 2004 Criminal Procedure Act sections 74, 75 and 59a

The issue in the case was whether a criminal case where prosecution had been discontinued could be resumed. Reference: HR-2004-02117-A, case no. 2004/1553, criminal appeal.

22 December 2004 Value added tax. Tax basis. Value Added Tax Act sections 18 and 73 et al.

The case concerns the validity of an administrative order for the supplementary calculation of value added tax. The dispute related to the determination of the tax basis in circumstances where a firm of consultants had agreed to prepare and organise the printing of annual accounts and other publications for its customers. The issue in the case was whether the full remuneration should be included in the tax basis, or whether this should be limited to the remuneration for the technical production of the publications. The case concerns the situation prior to the value added tax reform in 2001, when consultancy services were not subject to value added tax. Reference: HR-2004-02118-A, case no. 2004/1169, civil appeal.

22 December 2004 Compulsory purchase. Compensation

The case concerns the amount of compensation payable following the compulsory purchase of land to extend a graveyard. At the reappraisal, compensation was calculated on the basis of the market value for residential land. The issue in the case was whether the foreseeability criteria in section 5 subsection 2 of the Act of 6 April 1964 relating to Compensation for Expropriation of Real Property had been applied wrongly, and whether the grounds given for the reappraisal were inadequate. Reference: HR-2004-02119-a, case no. 2004/1249, civil appeal.

22 December 2004 Compensation. Assessment of duty of care. Compensation Act section 2-1

The issue in the case was whether a local authority was liable in damages for injuries suffered by a school pupil whilst doing high jump in a gym lesson; see the Compensation Act section 2-1. Reference: HR-2004-02122-A, case no. 2004/1166, civil appeal.

22 December 2004 Reopening of a paternity case. Costs

The decision in a paternity case was quashed after a DNA test showed that A could not be the father of B’s child, C, who was born in 1956. B was ordered to pay the costs of the case before the Supreme Court. Reference: HR-2004-02123-A, case no. 2004/764, civil suit, petition for reopening of the decision recorded in Rt. 1960 page 878.

22 December 2004 Access to documents

The case concerns a claim for access to documents concerning control of communications in a criminal case, see the Criminal Procedure Act section 242 and the rules concerning control of communications in sections 216a- 216k of the same Act. Reference: HR-2004-02124-A, case no. 2004/1504, criminal interlocutory appeal.

21 December 2004 Sentencing. Violence against the police. Penal Code section 127 and 28a

The case concerns sentencing for acts of violence against the police, see the Penal Code section 127. The issue in the case was whether a community service order could be made; see the Penal Code section 28a. Reference: HR-2004-02095-A, case no. 2004/1616, criminal appeal.

21 December 2004 Sentencing. Drug offence. Penal Code section 162 subsection 2

The case concerns sentencing following a conviction for the purchase of approx 180 g of amphetamine, the attempted purchase of approx 100 g heroin and use of amphetamine. In the Court of Appeal, the sentence was reduced on account of a delay of over two years, primarily on the part of the police but also on the part of the public prosecutor. The Supreme Court upheld the Court of Appeal’s sentence of three years imprisonment. Reference: HR-2004-02105-A, case no. 2004/1658, criminal appeal.

16 December 2004 Protective custody. Penal Code section 39c

The issue in the case was whether there were grounds for making a protective custody order in a homicide case; see the Penal Code section 39c. Reference: HR-2004-02083-A, case no. 2004/1507, criminal appeal.

15 December 2004 Criminal procedure. Government regulation on confiscation of driving licence. Entry

A Government regulation on the confiscation of driving licences entered into force “with effect for cases brought before the district court … after 1 January 2004”. The Court of Appeal’s order for the confiscation of a driving licence was quashed, as the case was brought before the district court on 20 October 2003. Reference: HR-2004-02074-A, case no. 2004/1436, criminal appeal.

15 December 2004 Sentencing. Sexual intercours with young sister.

Penal Code section 195 subsection 1, second sentencing alternative, section 213 and section 55 The case concerns sentencing of a boy who had sexual intercourse with his nine year old sister. The boy was 16 years old when the offence was committed. Reference: HR-2004-02076-A, case no. 2004/1562, criminal appeal.

14 December 2004 Tax assessment. Petroleum taxation.

Taxation Act (1911) section 44 subsection 1 first sentence, cf. Taxation Act (1999) section 6-1 and Taxation Act (1911) section 50. The case concerns the validity of a tax assessment for AS Norske Shell for the fiscal years 1995 and 1996. The issue in the case was from which date the company could claim a deduction in income for costs associated with the closure of an oilfield at the end of production. Reference: HR-2004-02058-A, case no. 2004/626, civil appeal.

14 December 2004 Salvage of ship. Salvage money. Maritime Code section 331 subsection 1(a)

The case concerns a claim for salvage money following salvage of a ship. The main issue was whether, on 4 April 2000, the MT Norsk Viking was “in danger” in the Hejlte Fjord, so that the ship-owners and the owners of the cargo on board were obliged to pay salvage money to the MT Senja, which came to the MT Norsk Viking’s aid. Reference: HR-2004-02061-A, case no. 2004/951, civil appeal.

14 December 2004 Insurance. Regress. Compensation Act section 4-3 cf. section 4-2

The case concerns a claim for regress following an insurance payout after a fire caused by some youths who had played with fireworks. The issue in the case was whether there was gross negligence, which is a condition for a claim for regress. Reference: HR-2004-02062-A, case no. 2004/810, civil appeal.

8 December 2004 Damages for breach of contract. Reduction of liability. Compensation Act section 5-2

The case concerns reduction of the liability for damages for a firm of civil engineers who had been engaged in the planning and construction of a breakwater. Reference: HR-2004-02014-A, case no. 2004/214, civil appeal.

8 December 2004 Calculation of deduction for time spent on remand

The case concerns the calculation of the deduction to be made in the sentence on account of time spent in isolation while remanded in custody, see the Penal Code section 60 and the Criminal Procedure Act section 186a. Reference: HR-2004-02022-A, case no. 2004/1433, criminal appeal.

8 December 2004 Sentencing. Rape.

Penal Code section 192, subsection 1(b) cf. subsection 2 (a), cf. subsection 3(a) and (d), cf. sections 206 and 205 The case concerns sentencing of three persons who together had raped a 15 year old girl who on account of intoxication was unable to object to the intercourse. Reference: HR-2004-02023-A, case no. 2004/1196, criminal appeal.

7 December 2004 Double jeopardy. Compensation. Reasonable time.

ECHR Protocol 7 Article 4, ECHR Article 6(1). Criminal Procedure Act sections 444 and 445 The case concerns a claim for compensation for economic and non-economic loss after criminal prosecution against two people for breach of the Tax Assessment Act was dismissed on account of the prohibition against repeated prosecution in ECHR Protocol 7 Article 4(1), where the accused persons had been imposed additional surcharge for the same offence. The case also concerns a claim for compensation for economic and non-economic loss for breach of ECHR Article 6(1), which requires that a prosecution must be concluded within a reasonable time. Reference: HR-2004-02002-A, case no. 2004/1014, criminal interlocutory appeal.

2 December 2004 Self-defence within the terms of the Gaming Act. Illegal killing of bear.

Standard of care. The issue in the case was whether the Court of Appeal had applied the correct standard of care when it acquitted the accused for the illegal killing of a bear on the grounds of self-defence pursuant to section 11 subsection 2 of the Gaming Act of 29 May 1981 no. 38. Reference: HR-2004-01986-A, case no 2004/1473, criminal appeal.

2 December 2004 Tax assessment.

Running of one or two businesses and co-ordination with personal income. Government regulations regarding the implementation of the Taxation Act section 12-20-1. The case concerns the validity of an adjusted tax assessment for a one-man company for the fiscal years 1999 and 2000. The issue in the case is whether the company was entitled to deduct negative personal income derived from the rent of the proprietor’s own private residence, from the personal income derived from the company’s other business which comprised the provision of services to other businesses. The answer depends on whether the company must be deemed to run one or two businesses, and, if there were two businesses, whether there was reason to co-ordinate the personal income of the two businesses. Reference: HR-2004-01989-A

1 December 2004 Employment law. Compensation. Compensation Act section 2-1, Employment Act section 1

The case concerns a claim against an employer for compensation for mental injury that the employee alleged he had suffered as a result of harassment in the workplace. The case against the employer was dismissed. Reference: HR-2004-01985-A

25 November 2004 Compensation law. Personal injury. Loss of future dividends in a limited company.

The victim or a road traffic accident was employed by and was also the majority shareholder in a limited company. The net income of the limited company had been reduced because of the injury he had suffered. The issue in the case is whether he could claim compensation for loss of owner interest – share dividends – in the company. If the person who suffered the injury is not entitled to claim this loss, the question is whether the limited company had a claim against the tortfeasor. Reference: HR-2004-01955-A

19 November 2004 Reading aloud of witness statement.

Criminal Procedure Act section 296, ECHR Article 6(1) cf. Art 6(3). Criminal Procedure Act section 122 The case concerns the right to read aloud previously given statements at the main hearing in a criminal case. The appeal was dismissed. Reference: HR-2004-01924-A

19 November 2004 Criminal Procedure. Appeal against procedure. Competence.

Compensation for non-economic loss. Civil Procedure Act section 343 subsection 1 and 2(3). Courts of Justice Act section 108. Compensation Act section 3-5 subsection 1(b) cf. section 3-3 The case concerns an appeal against the procedure in the Court of Appeal in a criminal case, and the measure of compensation to the victim. One of the lay members in the Court of Appeal did not appear on the panel of lay members for the Court of Appeal, but on the panel of lay members for the District Court. The first issue in the appeal against procedure was what consequence this should have. The second question was whether the chairman of the Court was competent to act. The chairman had participated in the decision as to whether leave to appeal should be granted, and leave to appeal one of the matters in the appeal had been refused. Reference: HR-2004-01925-A

19 November 2004 Permission to submit new claims. Civil Procedure Act sections 366 and 367

The case concerns a request to submit new claims in an appeal case before the Court of Appeal, see sections 366 and 367 of the Civil Procedure Act. One of the issues in the case is whether a local authority can bring a civil legal action against a private party concerning the validity of an administrative decision made by the County Governor. Reference: HR-2004-01930-A

19 November 2004 Criminal Procedure.

Appeal against procedure. Competence. Compensation for non-economic loss. Civil Procedure Act section 343 subsection 1 and 2(3). Courts of Justice Act section 108. Compensation Act section 3-5 subsection 1(b) cf. section 3-3 The case concerns an appeal against the procedure in the Court of Appeal in a criminal case, and the measure of compensation to the victim. One of the lay members in the Court of Appeal did not appear on the panel of lay members for the Court of Appeal, but on the panel of lay members for the District Court. The first issue in the appeal against procedure was what consequence this should have. The second question was whether the chairman of the Court was competent to act. The chairman had participated in the decision as to whether leave to appeal should be granted, and leave to appeal one of the matters in the appeal had been refused. Reference: HR-2004-01925-A

19 November 2004 Permission to submit new claims. Civil Procedure Act sections 366 and 367

The case concerns a request to submit new claims in an appeal case before the Court of Appeal, see sections 366 and 367 of the Civil Procedure Act. One of the issues in the case is whether a local authority can bring a civil legal action against a private party concerning the validity of an administrative decision made by the County Governor. Reference: HR-2004-01930-A

17 November 2004 Interpretation of the requirement of intent

The accused had been an accessory to the acquisition of 194 g of heroin when she had been the chauffeur during the crime. The Court of Appeal sentenced her to imprisonment for a term of one year and 10 months. The Supreme Court quashed the Court of Appeal’s judgement, including the main hearing, on the grounds that the reasons given by the Court of Appeal raised doubt as to whether the requirement of intent had been properly understood and, therefore, whether the requirement had been properly explained to the jury in the summing up. Reference: HR-2004-01912-A

17 November 2004 Speeding. Sentencing. III

Road Traffic Act section 31 subsection 1 cf. section 5 subsection 1, cf. subsection 2. Regulation concerning loss of right to drive a motor vehicle etc section 2-2 cf. section 2-1 The case concerns sentencing for serious speeding and, particularly, the question whether an unconditional sentence or a community service order should be passed. The accused had driven at a speed of 151 km/hr while overtaking another vehicle in an 80-km/hr traffic zone. The Court of Appeal sentenced the accused to 30 hours community service, a fine of NOK 3000 and loss of licence for 14 months. The Supreme Court amended the sentence to 18 days imprisonment, and upheld the loss of licence for 14 months. However, the Supreme Court quashed the fine. See also the judgements in HR-2004-0914-A and HR-2004-01915 A of the same date.Reference: HR2004-01913 A

17 November 2004 Speeding. Sentencing.

Road Traffic Act section 31 subsection 1 cf. section 5 subsection 1, cf. subsection 2 The case concerns sentencing for speeding and, particularly, the question whether it was appropriate to impose a community service order. The accused had driven at a speed of 102 km/hr in a 50-km/hr traffic zone at night in good driving conditions. The Court of Appeal sentenced the accused to 18 days imprisonment. The Supreme Court dismissed the accused’s appeal. See also the judgements in HR-2004-0913-A and HR-2004-01915 A of the same date. Reference: HR-2004-0914-A.

17 November 2004 Speeding. Sentencing.

Road Traffic Act section 31 subsection 1 cf. section 5 subsection 1, cf. subsection 2 The case concerns sentencing for speeding in a 100-km/hr traffic zone and, particularly, the question whether it was appropriate to impose a community service order. The accused had driven at a speed of 156 km/hr in a 100-km/hr traffic zone in good driving conditions. The District Court sentenced the accused to 14 days imprisonment. The Court of Appeal dismissed the accused’s appeal. The Supreme Court passed a sentence of 36 hours community service. See also the judgements in HR-2004-0913-A and HR-2004-01914 A of the same date. Reference: HR-2004-0915-A.

16 November 2004 Counsel’s fees. Civil Procedure Act section 52

The case concerns the determination of counsel’s fees pursuant to section 52 of the Civil Procedure Act. The Supreme Court found that the legislator had not intended that section 52 subsection 1 of the Civil Procedure Act should entitle the court to determine the fees payable to counsel in circumstances where counsel and the client had entered into an agreement concerning counsel’s fees. Any other interpretation of the provision, in line for instance with the development of principles relating to the revision of contracts, presupposes an assessment of all of the circumstances of the case. Such an assessment could not reasonably be undertaken within the scope of section 52. Furthermore, a total assessment could more safely be undertaken within the scope of an ordinary suit, rather than through the informal procedure in section 52 of the Civil Procedure Act. Reference: HR-2004-01906

12 November 2004 Control of storage of firearms in private home.

The Firearms Act section 27a. The Constitution Article 102. ECHR Article 8 Section 27a subsection 2 of the Firearms Act provides that the police subject to prior warning have the power to control the storage of firearms in private homes. The issue in the case is whether this provision is in breach of Article 102 of the Constitution, and whether such a police control represents a violation of Article 8 of the European Convention on Human Rights. Reference: HR-2004-01888-A

12 November 2004 Political TV advertising. The Broadcasting Act section 3-1, ECHR Article 10

The case concerns the validity of an administrative decision of the National Mass Media Authority which imposed a fine on TV Vest AS for breach of the prohibition against political advertising on television. The issue in the case is whether section 3-1 subsection 3 of the Broadcasting Act, pursuant to which the fine was imposed, represents a violation of Article 100 of the Constitution or Article 10 of the European Convention on Human Rights cf. section 3 of the Human Rights Act. Reference: HR-2004-01889-A

11 November 2004 Owner Occupied Unit. Owner Occupied Units Act section 6

The issue in the case was whether the Owner Occupied Units Act prohibits the owner of a housing unit that comprised a main part and a separate annex from equipping and using the annex as a separate residential unit, including for rent. Reference: HR-2004-01884-A

5 November 2004 Allodial law. Abuse of allodial rights

The issue in the case is whether a claim for redemption of allodial land represented an abuse of allodial rights. The Supreme Court upheld the judgement of the District Court item 1. Reference: HR-2004-01862-A

5 November 2004 Sentencing. Counterfeiting.

Penal Code section 176, subsection 1 The case concerns sentencing for the use of counterfeited bank notes, see the Penal Code section 176 subsection 1. The sentence of 120 days imprisonment was converted to a fully conditional sentence. The Supreme Court attached weight to the fact that the accused had been a minor accessory and that only a small amount of money was involved. Reference: HR-2004-01864-A

2 November 2004 Sentencing. Pollution.

Penal Code section 166 subsection 1, cf. subsection 2. Pollution Control Act section 78 subsection 2 first sentencing alternative The case concerns sentencing for three breaches of the Pollution Control Act. Reference: HR-2004-01840

28 October 2004 Competence. Courts of Justice Act section 108

The case raised questions concerning the competence of Justice Toril Øie to deal with a case. The Court found that, as a primary rule, a permanently appointed justice of the Supreme Court will not be incompetent to deal with a case solely on the grounds of his or her former employer’s association with the case, see the Supreme Court case reported in Rt 1005 861. Accordingly, Justice Øie was competent to hear the case. Reference: HR-2004-01818-A.

27 October 2004 Judicial review of administrative action. Freedom of religion.

Civil Procedure Act section 54. ECHR Article 9. The Constitution Article 2 The case concerns the power of the courts to review the validity of an administrative decision pursuant to which a person had been denied membership of an Islamic cultural centre and denied access to a mosque connected to the centre. Reference: HR-2004-01806-A

27 October 2004 Criminal law. Data crime

The case concerns data crime and raises questions concerning the territorial scope of the Penal Code, see the Penal Code section 12 subsection 1 together with sections 145 subsection 2 and section 393. The case also concerns the interpretation of sections 291 and 292 on criminal damage. Reference: HR-2004-01807-A

27 October 204 Sentencing. Occasioning bodily harm

The case concerns sentencing for occasioning bodily harm, see the Penal Code section 229, first sentencing alternative. The Supreme Court adjusted the sentence passed by the Court of Appeal, and converted the sentence of 60 days imprisonment to a fully conditional sentence. Reference: HR-2004-01808-A.

26 October 2004 Contract law. King Christian Vs Norwegian Law Art 5-1-2.

. Contracts Act section 36, Land Concession Act section 19, Price Policy Act section 2, Penal Code section 166. The case concerns the validity of an agreement between the purchaser and the seller of an agricultural property that was subject to concession. The agreement provided that the purchaser should secretly pay to the seller a sum of money in addition to the official purchase price. The Supreme Court held that the agreement was invalid on the grounds that it was contrary to law and public morals. Reference: HR-2004-01775-A.

26 October 2004 Employment law. Contract Act section 36.

The main issue in the case is whether an agreement concerning the redeployment of an employee could be set aside as invalid pursuant to section 36 of the Contracts Act. Reference: HR-2004-01787 A

26 October 2004 Violence and threats to the police. Community service

The case concerns sentencing for two offences against section 127 of the Penal Code – violence against the police – and two threats issued on the same occasions. The main issue in the case is whether it was appropriate to make a community service order, see the Penal Code section 28a. Reference: HR-2004-01788-A

26 October 2004 Fee payable upon subdivision of land. Self-cost principle.

The Land Subdivision Act section 5-2. The case concerns the validity of an administrative decision fixing the fee payable on the subdivision of land, and raises certain questions related to the interpretation of the self-cost principle in section 5-2 of the Land Subdivision Act and the apportionment of the costs among the occupants. Reference: HR-2004-01789-A

20 October 2004 Sentencing. Possession of child pornography. Penal Code section 204

The case concerns sentencing for the possession of child pornography, and the question of which correct legal provision is applicable to the facts. The Supreme Court quashed the judgement of the Court of Appeal and ordered a retrial. Reference: HR-2004-01762-A.

15 October 2004 Criminal procedure. Provisional guardian.

Standard of proof. Criminal Procedure Act section 343 The case concerns the quashing of a criminal conviction on the grounds that a provisional guardian had not been appointed for the accused, who claimed to be a minor, see the Criminal Procedure Act section 343. The case also concerns the standard of proof in criminal cases with regard to matters of procedure. The fact that a prosecution against a minor had proceeded without a provisional guardian having been appointed and given warning in the circumstances mentioned in the Criminal Procedure Act section 83, is not a procedural error that unconditionally must lead to a judgement being quashed upon appeal pursuant to the Criminal Procedure Act section 343 subsection 2. The Supreme Court quashed the decision of the Court of Appeal. Reference: HR-2004-1732-A

15 October 2004 Criminal Procedure

The issue in the case is whether the Court of Appeal had made a procedural error in quashing a conviction on the grounds that the judgement was not sufficiently reasoned. The judgement was quashed to the disadvantage of the accused. The Supreme Court quashed the decision of the Court of Appeal. Reference: HR-2004-01733-A

14 October 2004 Insurance law. Identification. The Insurance Contracts Act sections 4-8 and 4-11

The case concerns an insurance settlement following the robbery of a money transport van, and raises certain question related to identification in insurance law. Reference: HR-2004-01719-A

14 October 2004 Sentencing. Grossly negligent rape

The case concerns sentencing for grossly negligent rape, see the Penal Code section 192 subsection 4 cf. subsection 1(a). The Supreme Court stated that the general level of sentence for grossly negligent rape is distinctly lower than the level of sentence for rape with intent. The same must also apply in the present case, where the Court of Appeal had found that there was obvious negligence bordering on intent, and where the sexual assault was bordering on sexual intercourse. Reference: HR-2004-01720-A

14 October 2004 Sentencing. Family violence.

Penal Code section 192 subsection 1 cf. subsection 4 The case concerns sentencing of a man for offences of violence against his common law wife, mainly grossly negligent rape, assault and threats. Reference: HR-2004-01721-A

11 October 2004 Criminal law. Competence.

Courts of Justice Act section 111 and 108, cf. ECHR Article 6(1) The issue in the case was whether a court of appeal judge who had participated in a case where a person was sentenced to imprisonment and preventive detention, was competent to participate in a case concerning the conversion of the preventive detention order to a protective custody order. Reference: HR-2004-01694-A

11 October 2004 Criminal law. Protective custody. Penal Code section 39c

The case concerns the conversion of a preventive detention order to a protective custody order. In particular, the case concerns whether the convicted person could be deemed to have “impaired mental faculties”, and the relevance of symptoms of “early impaired development”. Reference: HR-2004-01695-A

11 October 2004 Criminal procedure. Criminal Procedure Act sections 74 and 75

The case concerns an appeal against the application of law in a criminal case. The Court of Appeal had acquitted the accused for offences against section 127 of the Penal Code (assaulting and obstructing a public servant in the course of his duty). The judgement was passed with dissenting votes. Before the accused was indicted, the accused was mistakenly sent a data printout from the police informing that the case had been dropped on account of the lack of evidence. The issue in the case was the relevance to be attached to this error, see section 74 subsection 1 of the Criminal Procedure Act. Reference: HR-2004-01696-A, case no. 2004/1061, criminal appeal.

8 October 2004 Criminal law. Fishing law. Double jeopardy. Sentencing. Loss of rights. Confiscation

The main issue in the case was whether a decision by the Directorate of Fisheries to temporarily remove a person’s name from the register of first hand purchasers of raw fish (pursuant to section 3 subsection 3 of the Act of 24 June 1994 no. 34 relating to the Registration of First Hand Purchasers of Raw Fish) represented a bar against subsequent criminal proceedings based on the same facts that formed the basis of the administrative decision, cf. the non bis in idem principle in Article 4(1) of Protocol 7 to the European Convention on Human Rights. The case also concerns sentencing for a number of offences committed in the course of the accused’s fishing business, including loss of rights pursuant to section 29 no. 2 of the Penal Code, and confiscation of the gain obtained by criminal acts pursuant to section 34 of the Penal Code. Reference: HR-2004-01693-A, case no. 2004/591, criminal appeal.

7 October 2004 Trademark law. Domain name. Trademark Act sections 4 and 6, Trademark Directive (89/

The issue in the case was whether the use of the domain name “volvoimport.no” was an infringement of the registered trademark “Volvo”. The Supreme Court upheld the judgement of the Court of Appeal. Reference: HR-2004-01671-A, case no. 2004/213, civil appeal.

7 October 2004 Damages for non-economic loss. Defamation. Compensation Act section 3-6, cf. Penal Co

The case concerns a claim for compensation brought by the victim of a criminal offence against a newspaper for allegedly defamatory statements made in a newspaper report on the criminal judgement. Reference: HR-2004-01672-A, case no. 2004/338, criminal appeal.

7 October 2004 Sentencing. Drug offences. Admission

The case concerns sentencing for drug offences, including the weight to be attached to an admission, see section 59 subsection 2 of the Penal Code. Reference: HR-2004- 01677-A, case no. 2004/1091, criminal appeal.

4 October 2004 Criminal law. Penal Code section 128

The case concerns the interpretation of section 128 of the Penal Code, which concerns threats and bribery of public servants. The issue in the case was whether the threats that the accused had made to the public servant sought to obtain the performance of an “unlawful” official act. Reference: HR-2004-01649-A, case no. 2004/1081, criminal appeal.

1 October 2004 Corporate criminal liability. Political youth organisation. Penal Code sections 48a

The case concerns the application of corporate criminal liability to a political youth organisation. The appeal was dismissed with dissenting votes (3-2). Reference: HR-2004-01639-A, case no. 2004/1009, criminal appeal.

27 September 2004 Sentencing. Loss of rights. Concurring offences. Act relating to the Marketing of

The issue in the case was whether section 166 of the Penal Code (false testimony) can be applied concurrently with section 9, cf. section 7 subsection 2 of the Act relating to the Marketing of Raw Fish and section 1 of the government regulations issued pursuant to that Act. The case also concerns sentencing for a number of offences committed in the course of the convicted person’s fish business. Reference: HR-2004-01616-A, case no. 2004/372, criminal appeal.

24 September 2004 Sentencing. Road Traffic Act section 31. Penal Code section 28a

The case concerns sentencing for drink-driving. The main issue was whether difficult care responsibilities justified the imposition of a community service order or, alternatively, a suspended prison sentence, rather than an unconditional sentence. Reference: HR-2004-01591-A, case no. 2004/1021, criminal appeal.

17 September 2004 Criminal Procedure. Reading aloud of police statement

Criminal Procedure Act sections 296 and 297, ECHR Article 6(3)d and Article 6(1) The issue in the case was whether the Court of Appeal had made a procedural error when it refused to allow the victim’s statement to the police to be read aloud in court. The prosecution argued in vain that the case was special on account of the cultural background of the family and because it concerned forced marriage. The Supreme Court rejected the prosecution’s appeal. Reference: HR-2004-01554-A, case no. 2004/890, criminal appeal.

15 September 2004 Drug felony. Sentencing.

Calculation of deduction for time spent in custody on remand. Penal Code section 162 subsections 1 and 2. Penal Code section 60 subsection 1 second sentence The case concerns aiding and abetting the storage of drugs, and the application of law in relation to the question of guilt and sentencing. The case also concerns the calculation of the deduction for time spent in custody on remand. The convicted person had been subject to police control of visits and correspondence, and was kept in isolation from the other inmates. Reference: HR-2004-01531-A, case no. 2004/732, criminal appeal.

15 September 2004 Occasioning bodily harm. Sentencing. Penal Code section 229, second sentencing alt

The case concerns sentencing for occasioning bodily harm where the violence was triggered off by particularly extraordinary circumstances. The Supreme Court was in no doubt that section 232 (intent etc) did not apply, and imposed a suspended sentence of seven months’ imprisonment. Reference: HR-2004-01532-A, case no. 2004/956, criminal appeal.

15 September 2004 Right of journalists to protect their source. Criminal Procedure Act section 125

The case concerns the right of two journalists to protect the source of information in articles they had written, see section 125 subsection 2, cf. subsections 1 and 3 of the Criminal Procedure Act. Reference: HR-2004-01533-A, case no. 2004/887, criminal appeal.

15 September 2004 Sentencing. Sexual assault.

. Penal Code section 195 subsection 1, first sentencing alternative and Penal Code section 197 (incest) The case concerns sentencing for sexual assault (incest) of a 4½-year-old girl who was the convicted person’s daughter. The Supreme Court found that the Court of Appeal had not attached sufficient weight to the length of time it had taken to bring the case to trial, and reduced the sentence to seven months’ imprisonment. Reference: HR-2004-01534-A, case no. 2004/889, criminal appeal.

13 September 2004 Sentencing. Insurance fraud. Community service. Penal Code section 272 subsection

The case concerns sentencing for insurance fraud, and the question of application of a community service order. See also the Supreme Court’s judgements in HR-2004-01508-A and HR-2004-01506-A. Reference: HR-2004-01507-A, case no. 2004/797, criminal appeal.

13 September 2004 Insurance fraud. Sentencing. Community service. Penal Code section 272 subsection

The case concerns sentencing for insurance fraud, and the question of application of a community service order. See also the Supreme Court’s judgements in HR-2004-01507-A and HR-2004-01506-A. Reference: HR-2004-01508-A, case no. 2004/797, criminal appeal.

10 September 2004 Double jeopardy. Placement in an institution. Child Welfare Act section 4-24

The case concerns the scope of the non bes in idem principle in Article 4(1) of Protocol 7 to the European Convention on Human Rights. The County Board for Social Welfare made an order to place a child in a treatment and training institution pursuant to section 4-24 subsection 2, cf. subsection 1 first alternative of the Child Welfare Act. Subsequently, criminal proceedings were brought based on the same facts that formed the basis of the administrative order. The question in the case was whether, in terms of the non bis in idem principle, the criminal proceedings related to the same offence as the administrative order. Reference: HR-2004-01501-A, case no. 2004/721, criminal appeal.

10 September 2004 Courts of Justice Act section 100

The issue in the case was whether the judgement of the district court in a criminal case should be quashed because one of the lay members of the court who served for the first time did not give oath until the opening of the second day of the proceedings. Reference: HR-2004-01502-A, case no. 2004/932, criminal appeal.

8 September 2004 Right of inspection of documents. Criminal Procedure Act section 242

The issue in the case was whether the prosecution could lawfully reject an accused’s application to inspect the documents in the case for a given period without having made a concrete assessment of whether inspection would cause “detriment or risk to the purpose of the investigation”, see section 242 of the Criminal Procedure Act. The accused’s appeal was dismissed. Reference: HR-2004-01476-A, case no. 2004/575, criminal appeal.

8 September 2004 Criminal procedure

Reference: HR-2004-01477-A, case no. 2004/525, criminal appeal.

8 September 2004 Sentencing. Penal Code section 233 subsection 1, cf. section 56 (c)

The case concerns sentencing for murder, including the application of section 56 (c) of the Penal Code , which provides for the reduction of sentence where the offender, at the time of the offence, suffered from a serious mental illness and a substantially reduced ability to realistically judge the nature of his actions. The case also concerns a claim for damages for non-economic loss brought by the victim’s parents. Reference: HR-2004-01478-A, case no. 2004/613, criminal appeal.

8 September 2004 Company Taxation Act section 5-2 no. 1, Regulations of 13 May 1991 no. 336 relatin

The case concerns the taxation of profit on shares that were transferred within a group of companies. The case raises questions related to lifting the corporate veil in relation to taxation and, where this is done, whether a company can apply for adjustment of group contribution on the grounds that the tax authorities have increased its alleged income. Reference: HR-2004-01486-A, case no. 2003/1592, civil appeal.

8 September 2004 Loss of rights, damages, double jeopardy.

Medical Practitioners Act of 1980 section 9, cf. section 8, Penal Code section 29, ECHR Protocol 7 Article 4(1) The case concerns a claim for damages in circumstances where the health authority had suspended a medical practitioner’s licence to practice. The underlying question was whether the health authority was barred from suspending the licence where criminal proceedings had already been brought against the medical practitioner based on the same facts upon which the suspension order was based, and a plea by the prosecution for the deprivation of the right to practice (cf. section 29 of the Penal Code) had been rejected. The issue arose in relation to both the Medical Practitioners Act of 1980 and Article 4(1) of Protocol 7 to the European Convention on Human Rights. Reference: HR-2004-01487-A, case no. 2003/1539, civil appeal.

8 September 2004 Criminal law. Unlawful deprivation of liberty and occasioning bodily harm

The case concerns sentencing for premeditated bodily harm comprising battery performed by several persons who acted collectively, see the Penal Code section 229 second sentencing alternative, cf. section 232, and for unlawful deprivation of liberty causing abnormal suffering, see section 223 subsection 2 of the Penal Code. Reference: HR-2004-01488-A, case no. 2004/936, criminal appeal.

8 September 2004 Sentencing. Breach of terms of a community service order

The case concerns sentencing where the convicted person had breached the terms of a community service order and committed new criminal offences, see sections 58 and 59 of the Implementation of Criminal Sentences Act and section 28b of the Penal Code. Reference: HR-2004-01489-A, case no. 2004/845, criminal appeal.

7 September 2004 Sentencing. Implementation of Criminal Sentences Act section 59. Penal Code sectio

The main issue in the case was whether the court could impose an unconditional sentence where the convicted person had committed new criminal offences after he had been convicted and sentenced to community service but before the sentence had been implemented. The case also concerns sentencing for theft-related offences. Reference: HR-2004001475-A, case no. 2004/995, criminal appeal.

3 September 2004 Criminal law. Cheque fraud. Penal Code section 270, the Cheque Act section 66

It is a condition for criminal liability pursuant to section 270 of the Penal Code that the accused at the time of the offence had as an aim to obtain an unlawful gain. The Supreme Court found that the grounds of the judgement of the District Court were deficient, unclear and inaccurate, and raised doubt as to whether the court had properly understood the requirement of unlawful gain. The Supreme Court quashed items I and IV of the District Court’s judgement and the judgement of the Court of Appeal. Reference: HR-2004-01455-A, case no 2004/1026, criminal appeal.

27 August 2004 Penal Code section 195. ECHR Article 6(2)

The issue in the case was whether a girl aged 13 years and 7 months and a man of 21 years were “about equal in age and development” when the sexual intercourse took place, see section 195 subsection 4 of the Penal Code. The case raises the issue whether the strict liability rule in section 195 subsection 3, which provides that mistake as to the child’s age shall not exclude criminal liability, is compatible with the presumption of innocence in Article 6(2) of the European Convention on Human Rights. Reference: HR-2004-01445-A, case no. 2004/534, criminal appeal.

27 August 2004 Drugs. Sentencing

The issue in the case was whether the import and sale of 600 kg of khat amounts to an aggravated drug felony in the terms of section 162 subsection 2 of the Penal Code. The case also concerns sentencing for the offence. Reference: HR-2004-01448-A, case no. 2004/846, civil appeal.

26 August 2004 Contract law. Limited Liability Companies Act section 4-17

The case concerns the consequences between the parties that the board of directors of a limited liability housing company refused to approve the purchase of shares in the company, and the implications when the resolution of the board was subsequently reversed. Reference: HR-2004-01439-A, case no. 2003/1588, civil appeal.

26 August 2004 Surety. Limitation Act section 17 no. 1 cf. section 21 no. 3

The issue in the case was whether the implementation of execution proceedings where there are no assets against which to make an execution order, interupts the limitation period in circumstances where the creditor has no grounds for execution, see section 17 no. 1, cf. section 21 no. 3 of the Limitation Act. Reference: HR-2004-01440-A, case no. 2004/6000, civil appeal.

26 July 2004 Summary dismissal of a teacher.

Entitlement to salary until binding judgement. Primary and Lower Secondary Education Act section 24 no. 3, Education Act section 16-2 and Employment Act section 66 no. 3 A teacher was summarily dismissed. She contested the validity of the dismissal and made a claim for salary to be paid from the date of dismissal until a binding judgement in the dismissal proceedings was passed. The dismissal was legally binding, and no legal proceedings had been instituted pursuant to section 66 no. 3 of the Employment Act claiming a right to remain in her post pending judgement with a corresponding right to salary. The Supreme Court held that the Employment Act did not empower the courts in summary dismissal cases to find the dismissal to be valid and fair but at the same time award salary from the date of dismissal, as the Court of Appeal had done. The order of the Court of Appeal was therefore overruled. Reference: HR-2004-01299-A, case no. 2003/1064, civil appeal.

30 June 2004 Extended confiscation.

Penal Code section 34a subsection 2. Confiscation of money found on the premises of a convicted drug offender The case concerns the standard of proof that property belongs to the convicted person that is required for the court to make an order to confiscate such property, see section 34a subsection 2 of the Penal Code. The case also raises questions related to the presumption of innocence in Article 6(2) of the European Convention on Human Rights. The Supreme Court held that it must be proven on a balance of probabilities that the property belonged to the convicted person. The confiscation order was upheld. Reference: HR-2004-01147-A, case no. 2004/581, criminal appeal.

28 June 2004 Property law, preservation order, grazing right.

Reindeer Farming Act section 11 subsection 2, second sentence. The case concerns the validity of a preservation order imposed on a part of a grazing area for reindeer pursuant to section 11 subsection 2 second sentence of the Reindeer Farming Act, and the compensation payable as a consequence of the order. The Supreme Court upheld the decision of the District Court and found that section 11 of the Reindeer Farming Act provided the requisite legal authority to make the order, and did not limit the power to make a permanent preservation order. Furthermore, the preservation order did not appear to be clearly unreasonable and it could not therefore be deemed to be invalid on those grounds. In coming to this conclusion, due consideration was given to Article 1 of the First Additional Protocol to the European Convention on Human Rights relating to protection of property. Article 27 of the International Covenant on Civil and Political Rights concerning ethnic, religious and linguistic minorities, could not lead to any other conclusion. The reindeer owners were not awarded compensation, cf. Article 105 of the Constitution. No order as to costs. Reference: HR-2004-01128-A, case no. 2003/1602, civil appeal.

28 June 2004 Tax law. Company Taxation Act section 6-6.

Taxation Act of 1911 section 51A-6 The case concerns two questions related to the special taxation scheme for ship owners as it applied in the fiscal year 1997. The first question was whether the limitation on the right of deduction in section 6-6 of the Company Taxation Act applies to unlimited liability partnerships taxable pursuant to the scheme. The second question was whether only the limited liability shipping company was liable to an income supplement for high equity/capital ration and low interest expenses pursuant to section 51A-6 no. 6 of the Taxation Act of 1911, or whether such a supplement should also apply to the underlying participating unlimited liability partnerships. The Supreme Court upheld the judgement of the Court of Appeal and found in favour of the State. Reference: HR-2004-01130-A, case no. 2003/1377, civil appeal.

28 June 2004 Forced mental health care. Penal Code section 39

The case concerns the conversion of preventive detention to forced mental health care. The main question was whether breach of section 229 first sentencing alternative cf. section 232 (occasioning bodily harm committed with intent and under aggravated circumstances) constitutes a “serious act of violence” within the terms of section 39 no. 1 of the Penal Code. The Supreme Court upheld the Court of Appeal’s decision to transfer the appellant to forced mental health care. Reference: HR-2004-01142-A, case no. 2004/580, criminal appeal

25 June 2004 Right of contact with a child taken into care

The case concerns the right of a parent to contact with a child after the child had been taken into care, see the Child Welfare Act section 4-19 subsection 2, first sentence. Reference: HR-2004-01112-A, case no. 2003/1577, civil appeal.

25 June 2004 Social security fraud. Value Added Tax Act section 72

Value Added Tax Act section 72 no. 2 subsection 2 cf. no. 3. Penal Code section 270 subsection 1 no. 1, cf. subsection 2 The case concerns sentencing for social security fraud and evasion of value added tax. The appellant’s appeal to have the sentence reduced to community service was dismissed. Reference: HR-2004-01113-A, case no. 2004/739, criminal appeal.

25 June 2004 Criminal procedure. Quashing of judgement. Criminal Procedure Act section 342

A man who was born in 1969 was convicted in the Court of Appeal of breach of section 132a subsection 1 (a) of the Penal Code for obstructing the course of justice, when he had unlawfully tried to get the victim of an assault to withdraw his report to the police. He appealed to the Supreme Court against the application of law relating to the question of guilt, and the appeal was upheld. The Supreme Court held that the Court of Appeal’s direction to the jury was so unclear that it was liable to give rise to uncertainty among the members of the jury. The Supreme Court therefore quashed the judgement of the Court of Appeal and the appeal proceedings. Reference: HR-2004-01114-A, case no. 2004/731, criminal appeal.

25 June 2004 Sentencing. Penal Code section 28a. Community service

The accused was convicted in the Court of Appeal and sentenced to 30 days’ imprisonment for breach of the Penal Code section 229, first sentencing alternative (occasioning bodily harm). Following his appeal against sentence, the Supreme Court passed a sentence of 45 hours’ community service together with an unconditional fine of NOK 5000. The Supreme Court held that there were special circumstances that justified not imposing an unconditional prison sentence in this case. The accused, who was a shop assistant in a kiosk, had hit a customer several times with his closed fist. However, the victim’s behaviour towards other customers and directly towards the accused had been both provoking and irritating. The Court held that the accused had acted in justified anger, see section 56(b) of the Penal Code. The Court also attached some weight to the fact that the accused had made a full admission as soon as he was arrested. The accused had previous fines for assault. Reference: HR-2004-01116-A, case no. 2004/590, criminal appeal.

25 June 2004 Compensation for non-economic loss. Compensation Act section 3-5 subsection 1(b)

The case concerns the amount of an award of compensation for non-economic loss following a conviction for sexual assault, cf. section 195 of the Penal Code. A man had sexual intercourse with a girl aged 13 years and 10 months with whom he had come into contact through a chat-line on the internet. Reference: HR-2004-01117-A, case no. 2004/249, civil appeal.

25 June 2004 Double jeopardy. Article 4(1) of Protocol 7 of the ECHR

The main issue in the case was whether there had been a violation of the ne bis in idem principle in Article 4(1) of Protocol 7 to the European Convention on Human Rights where a person had been imposed additional tax pursuant to section 10-2 of the Tax Assessment Act and surcharge pursuant to the Value Added Tax Act section 73, and later charged for failure to keep accounts during the same period. The Supreme Court held unanimously that the prohibition against repeated criminal proceedings did not apply. The appellant’s appeal against sentence was also dismissed, but with dissenting votes (3-2). Reference: HR-2004-01118-A, case no. 2004/350, criminal appeal.

18 June 2004 Sentencing. Sexual assault

The case concerns sentencing for five to six counts of sexual assault of an 8-9 year old boy, including one count of rape, see the Penal Code section 192 subsection 1 (a) and section 195 subsection 1, first sentencing alternative and subsection 2 (c). Reference: HR-2004-01077-A, case no. 2004/699, criminal appeal.

16 June 2004 Care proceedings

The case concerns judicial review of an order to take a child into care pursuant to section 4-12 of the Child Welfare Act and chapter 33 of the Civil Procedure Act. Reference: HR-2004-01057-A, case no. 2004/265, civil appeal.

16 June 2004 Assault, bodily harm. Community service.

Penal Code section 228 subsection 1 and section 229, first sentencing alternative cf. section 28 The appellant was convicted of bodily harm for having knocked a person to the ground. He was also convicted of assault for having head-butted another person a few months later. The Supreme Court amended the sentence passed down by the Court of Appeal from 60 hours’ community service to 60 days’ imprisonment. The Supreme Court held that a community service order as a general rule should not be made in assault cases, particularly if the accused commits a new and similar offence after he has been indicted for assault, as in the present case. Reference: HR-2004-01058-A, case no. 2004/532, criminal appeal.

16 June 2004 Venue and jurisdiction. Bankruptcy Act section 145

The case concerns the international competence of the Norwegian courts in a claim to set aside a transaction on the grounds of fraudulent preference in bankruptcy proceedings. In particular, the issue in the case was whether section 145 subsection 2 of the Bankruptcy Act gives the district court – formerly the probate court – jurisdiction to entertain a civil legal action against a company that otherwise does not have legal venue in Norway or, alternatively whether legal venue could be founded on unwritten general principles of law. Reference: HR-2004-01059-A, case no. 2004/256, civil appeal.

15 June 2004 Appraisal proceedings. Wrongful procedure.

Appraisal Proceedings Act section 2, Civil Procedure Act section 394 subsection 2 The Supreme Court quashed reappraisal proceedings a first time on the grounds of wrongful application of the law, having found that the threshold for nuisance pursuant to section 2 subsection 4 of the Neighbouring Properties Act had been set too low. At the new reappraisal proceedings, the landowner claimed compensation pursuant to section 2 subsection 3 of the Neighbouring Properties Act. The Court of Appeal found that it only had power to deal with a claim for compensation pursuant to section 2 subsection 4. The landowner appealed against the new reappraisal proceedings to the Supreme Court, who this time quashed the proceedings on the grounds of wrongful procedure. The Supreme Court referred to section 394 subsection 2, cf. section 392 subsection 2 and section 383 subsection 1 of the Civil Procedure Act, and held that a claim for compensation for general nuisance must be deemed to be one claim for the purposes of determining the courts’ powers to entertain a new claim pursuant to the Civil Procedure Act. This applies irrespective of which of the provisions of section 2 of the Neighbouring Properties Act the claim is based upon. The issue in section 2 subsection 4 is different to the issue in subsection 3. The possibility that compensation might have been awarded if the court had considered the claim in the light of section 2 subsection 3 could not be ignored. The requirements of section 384 subsection 1 of the Civil Procedure Act were therefore fulfilled, and the reappraisal proceedings must be quashed. Reference: HR-2004-01055-A, case no. 2003/1626, civil appeal.

8 June 2004 Tax law. Tax Agreement between Norway and the Ivory Coast

The issue in the case was whether a company which, for two short periods of time in 1996, had carried out seismic investigations on the seabed of the continental shelf off the Ivory Coast, was deemed to have a permanent establishment on the Ivory Coast for the purposes of the Tax Agreement between Norway and the Ivory Coast. Reference: HR-2004-01003-A, case no. 2003/1311, civil appeal.

8 June 2004 Claim for compensation following an acquittal in criminal proceedings.

Presumption of innocence in ECHR Article 6(2) The issue in the case was whether the grounds for the judgement determining a claim for compensation against the State following an acquittal in criminal proceedings constituted a violation of the presumption of innocence in Article 6(2) of the European Convention on Human Rights. The case also raised the question whether the court could entertain a plea to increase the amount of compensation, or whether such a plea was barred pursuant to section 366 subsection 1 of the Civil Procedure Act. This provision provides that a plea relating to an award that has already been made can only be extended if it can be shown on a balance of probabilities that the reason for the extension is circumstances that arose or became known to the party making the plea after the main hearing, or if the other party consents. Reference: HR-2004-01004-A, case no. 2003/772, civil appeal.

14 June 2004 Jurisdiction. Lugano Convention Article 5(1)

The case concerns jurisdiction for proceedings involving a claim for damages for breach of a sole distributor agreement. The dispute related in particular to the scope of the decision of the European Court in the WABAG case in 2002 (62000J0256). In that case, the European Court had found that the special jurisdictional rule in Article 5(1) of the parallel Brussels Convention is not applicable where the place of performance of the obligation in question cannot be determined because it consists in an undertaking not to do something which is not subject to any geographical limit. The Supreme Court found that the same must apply when the only designation of the place of performance in the purported sole distributor agreement was that it applied to sales on the Norwegian market. In those circumstances, jurisdiction could only be determined in accordance with the primary rule in Article 2 of the Lugano Convention. Reference: HR-2004-01040-A, case no. 2003/1520, civil interlocutory appeal.

8 June 2004 Dismissal of criminal proceedings. Sentencing. Implementation of Criminal Sentences Act

The issue in the case was whether criminal proceedings should be dismissed due to the fact that the appellant’s application for parole had been refused pursuant to section 42 subsection 5 of the Implementation of Criminal Sentences Act when serving sentence for previous convictions. The grounds for the refusal were that he was under indictment for the offences in the present case. See Article 4(1) of Protocol 7 to the ECHR. The case also concerns sentencing for false accusation and false testimony. Reference: HR-2004-00997-A, case no. 2003/1640, criminal appeal.

8 June 2004 Refusal of application for parole. Subsequent criminal proceedings. ECHR Protocol 7, Ar

The issue in the case was whether the refusal to grant an application for parole after two-thirds of the sentence had been served constitutes a bar to subsequent criminal proceedings against the prisoner, see Article 4(1) of Protocol 7 to the ECHR. The refusal was based on the risk of repeated offences on the grounds that a new indictment had been taken out for several serious criminal offences. Reference: HR-2004-00998-A, criminal appeal.

8 June 2004 Refusal of application for parole. Subsequent criminal proceedings. Reading aloud of po

The issue in the case was whether the refusal to grant an application for parole on the grounds that the prisoner was subject to prosecution for other/new criminal offences – in this case serious drug-related offences – constitutes a bar to subsequent criminal proceedings for those offences, see Article 4(1) of Protocol 7 to the ECHR. A second question was whether the Court of Appeal had committed a procedural error when it permitted the reading aloud of a statement made to the police by a witness who was not present in court at the time and upon whom it had not been possible to serve a summons to attend court. Reference: HR-2004-00999-A, case no. 2004/44, criminal appeal.

8 June 2004 Refusal of application for parole. Subsequent criminal proceedings. ECHR Protocol 7, Ar

The issue in the case was whether the refusal to grant an application for parole constitutes a bar to subsequent criminal proceedings against the appellant, see Article 4(1) of Protocol 7 to the ECHR. The refusal was based partly on the appellant’s behaviour whilst serving sentence in prison, which included smuggling drugs into prison when returning from parole, and partly on the presumed risk of him committing new offences during probation. Reference: HR-2004-01000-A, case no. 2004/395, criminal appeal.

8 June 2004 Freedom of choice of defence counsel. Sentencing. Murder. Penal Code section 233 subsec

The case concerns the appellant’s freedom to appoint defence counsel of his or her choice in circumstances where the choice results in a delay of the appeal hearing before the Court of Appeal, see section 275 subsection 2 and section 105 cf. section 102 of the Criminal Procedure Act. The case also concerns sentencing for murder, including the question whether the murder was perpetrated under especially aggravating circumstances. Reference: HR-2004-01002-A, case no. 2004/253, criminal appeal.

4 June 2004 Parallel import of drugs. Trade Marks Act section 4. Trade Marks Directive 89/104/EEC

The case concerns the parallel import of drugs, more particularly the right of the parallel importer to use his own packaging with vertical or horizontal coloured stripes or other graphical markings on the packaging for repacked drugs that carry the manufacturer’s trade mark, see section 4 of the Trademarks Act. The case gives rise to questions concerning the application of Article 7(2) of the First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to Trade Marks (89/104/EEC) (The Trade Mark Directive) Reference: HR-2004-00981-A, case no. 2002/582, civil appeal.

3 June 2004 Reading aloud of police statement

In a large drug case, the Court of Appeal had permitted a statement made by a witness to the police to be read aloud in court although the witness was not present in court at the time. The issue in the case was whether this was a procedural error and in breach of section 297 of the Criminal Procedure Act and Articles 6(1) and 6(3)(d) of the ECHR. Reference: HR-2004-00974-A, case no. 2004/322, criminal appeal.

1 June 2004 Registration Act

The issue in the case was whether a registered prohibition against sub-division of land was an impediment to the registration of proceedings relating to the partition of land. Reference: HR-2004-00960-A, case no. 2003/1267, civil interlocutory appeal.

25 May 2004 Reading aloud of police statement. Criminal Procedure Act section 232 subsection 3

The Court of Appeal had permitted a statement made by the appellant and recorded by the police without the appellant’s guardian being present to be read aloud. The issue in the case was whether this was a procedural error that must lead to the Court of Appeal’s judgement being quashed, see section 232 subsection 3 of the Criminal Procedure Act. Reference: HR-2004-00931-A, case no. 2004/451, criminal appeal.

25 May 2004 Sentencing. Speeding. Road Traffic Act section 31

The case concerns sentencing for speeding offences where the speed of the car had been measured using a laser gun. The issue in the case was whether defects in carrying out the laser measurement were of such a nature that the laser measurement could not be relied upon when determining the sentence to be applied. The Supreme Court found that the errors that had taken place did not cast any doubt upon the result of the measurement, and dismissed the appeal. Reference: HR-2004-00932-A, case no. 2004/137, criminal appeal.

14 May 2004 Prohibition against water-scooters. EEA Agreement Articles 8 and 11

The appellant had submitted that the prohibition against water scooters in section 39 cf. sections 38 and 40 of the Pleasure and Small Watercraft Act fell within the scope of “quantitative restrictions on imports” or “ measures having equivalent effect” in Article 11 of the EEA Agreement. Consequently, the prohibition must be set aside pursuant to the provision relating to precedence in Article 2 of the EEA Act. However, once it was proven that the water scooters originated from outside the European Economic Area, Article 11 could not apply pursuant to Article 8 no. 2 of the EEA Agreement. Reference: HR-2004-009+2-A, case no. 2003/1094, criminal appeal.

14 May 2004 Long-standing family violence. Sentencing. Penal Code section 228 cf. section 232

From 1995 until 2000, the appellant had repeatedly beaten his wife around the head with his fist and open hand, and pushed and kicked her. The offence was deemed to be a continuing assault causing serious mental harm and perpetrated under especially aggravating circumstances. The District Court and the Court of Appeal had sentenced the appellant to 18 months imprisonment. The Supreme Court reduced the term of the prison sentence to 15 months. The Court stated that the sentence should reflect the threat of violence under which the appellant’s wife and children had lived for many years and the risk of long-term damage that living under such circumstances carries. Reference: HR-2004-00907-A, case no. 2004/389, criminal appeal.

14 May 2004 Penal Code section 235. Consent to assault.

The issue in the case was whether a 15-year-old boy had given informed consent to an assault comprising the injection of amphetamine into his veins, with the result that the assault could not be penalised, see section 235 of the Penal Code. The Supreme Court dismissed the appeal that was brought by the prosecution, and concurred with the Court of Appeal’s and District Court’s interpretation of the law. Reference: HR-2004-00908, case no. 2004/391, criminal appeal.

12 May 2004 Amendment to contact order. Children Act section 31. UN Convention on the Rights of the

The issue in the case was whether there had been a procedural error when a child had not been asked to express its opinion in connection with a petition to amend a contact order. The Supreme Court referred to the decision reported in Rt 1997 442. A child is entitled to express its opinion in questions related to contact provided he or she is of sufficient age, maturity and development. This is laid down both in section 31 of the Children Act and in Article 12 of the UN Convention on the Rights of the Child. However, in each individual case, these considerations must be weighed against the overriding principle of the best interests of the child. The Supreme Court found that in this particular case, there had been no procedural error when the child had not been asked by the court whether he wished to state his opinion. Reference: HR-2004-00882-A, case no. 2004/104, civil appeal.

12 May 2004 Sentencing. Failure to render necessary assistance. Penal Code section 314 subsection 1

The mate on watch on board a chemical vessel failed to render the necessary assistance when two vessels collided and several lives were lost. He was convicted in the District Court and sentenced to five years’ imprisonment. His appeal against sentence was dismissed. The Supreme Court found that the mate was aware that the crews on board the ships were in serious danger after the collision. Notwithstanding, he consciously and intentionally failed to render the assistance that was necessary and continued his journey as if nothing had happened. He exposed those who in the end were saved to a serious risk of death. It was an aggravating circumstance that the mate’s motive for failing to render assistance was exclusively to avoid his share of the liability for the collision. In addition, he had ordered the seaman on watch not to report the collision to anyone else. Reference: HR-2004-00833-A, case no. 2004/270, criminal appeal.

10 May 2004 Occasioning bodily harm. Community service.

Penal Code section 229, second sentencing alternative, cf. section 232, Penal Code section 228 subsection 1 and section 28a. The case concerns sentencing of a 15-year-old boy for occasioning bodily harm under especially aggravating circumstances. The offence involved grievous, planned and unprovoked violence against a 62-year-old man, whom the appellant had repeatedly beaten and kicked in the head. The appellant’s appeal against sentence to the Supreme Court was dismissed, and he was ordered to 210 days’, community service in accordance with the judgement of the Court of Appeal. The majority of the Supreme Court found that although the general sense of justice might indicate that an unconditional custodial sentence is the appropriate sanction for such a grievous act of violence, the situation is different when the offender is so young, where the individual preventive considerations weigh heaviest. Two of the five justices dissented. Reference: HR-2004-00860-A, case no. 2004/392, criminal appeal.

7 May 2004 Owner-Occupied Units Act section 43

The issue in the case was whether a claim for enforcement against an owner-occupier co-ownership can be issued against the chairman of the board of the co-ownership on behalf of the co-ownership as such, or whether the claim has to be issued against the individual owners of each unit. Reference: HR-2004-00849-A, case no. 2003/1564, civil interlocutory appeal.

6 May 2004 Inheritance Act section 18 subsection 1

The case concerns the right of disposition of a surviving spouse over property held by her for life, where the deceased had left the property in his will to the spouses’ common issue. Reference: HR-2004-00836-A, case no. 2003/911, civil appeal.

6 May 2004 Condictio indebiti. Claim for reimbursement after settlement of an execution lien

In connection with the sale of the common home, A settled her former cohabitee’s execution debt to the appellant bank in order that the property could be transferred free of all mortgages and charges. A then sued the bank to have the money reimbursed. She was successful in the District Court and the Court of Appeal. The lower courts found that the bank should not have claimed payment of the secured debt insofar as it was aware that payment would have to be covered from that part of the proceeds of sale that was due to A. The bank appealed to the Supreme Court, which upheld the appeal. The Court found that it was up to the bank whether it would consent to cancel the execution lien without having received full satisfaction. A was in a difficult situation when she paid Bs debt, and was left with only an unsecured claim in regress against him. However, this was a consequence of the sale agreement that they had signed. Settlement of the execution debt to the bank was not due to any misunderstanding on A’s part. It was unnecessary to consider whether the conditions for reimbursement pursuant to the principle of condictio indebiti were fulfilled. Reference: HR-2004-00838-A, case no. 2003/1580, civil appeal.

6 May 2004 Sentencing. Murder with intent. Penal Code section 233 subsection 1

A, who was an asylum seeker, had killed another asylum seeker at an asylum centre by stabbing him with a knife in the face, throat, back and hip. Injuries suffered in the course of defending himself and the fact that the act took place over a length of time indicated that the victim must have suffered great fear. In the District Court and the Court of Appeal, A argued unsuccessfully that he had acted in self-defence when A had raped him. A was sentenced by both the District Court and the Court of Appeal to 11 years’ imprisonment. A’s appeal against sentence to the Supreme Court was dismissed. The level of sentences for murder has increased slightly over the last few years, and a sentence of 11 years’ imprisonment was not wrong when compared to the general level of sentences for the kind of murder in the present case. Reference: HR-2004-00839-A, case no. 2004/221, criminal appeal.

3 May 2004 Patent Act section 61 and Enforcement of Civil Claims Act chapter 15

The main issue before the Supreme Court was whether a court charged with determining a petition for an injunction can make a prejudicial ruling on the validity of a patent, see section 61 of the Patent Act and chapter 15 of the Enforcement of Civil Claims Act. Reference: HR-2004-00813-A, case no. 2004/75, civil interlocutory appeal.

3 May 2004 Penal Code section 162, subsections 1 and 2 (drug offences)

The case concerns sentencing for several offences, including drug-related offences, accounting offences and violation of the firearms legislation. The main issue in the case was whether it was justified in the circumstances to impose a community service order. Reference: HR-2004-00814-A, case no. 2003/1525, criminal appeal.

3 May 2004 Drug offences. Sentencing. Penal Code section 162

The case concerns sentencing for the storage of 1856.3 grams of hashish pursuant to section 162 subsection 1 cf. subsection 1 of the Penal Code. The term of the unconditional prison sentence imposed by the Court of Appeal was reduced from 12 to 7 months. The Supreme Court took into account the length of time it had taken to bring the case to trial. See also the judgement of the Supreme Court of the same date in HR-2004-00815-A, case no. 2004/363. Reference: HR-2004-00816-A, case no. 2004/297, criminal appeal.

30 April 2004 Sentencing. Penal Code section 195 subsection 1

The case concerns sentencing for breach of section 195, subsection 1, second sentencing alternative of the Penal Code. A 20-year-old man had sexual intercourse with a girl aged 13 years and 9 months. The sentence also included sentences for breach of section 229 of the Penal Code (occasioning bodily harm) and breach of section 17 of the Sobriety Act. Reference: HR-2004-00803-A, case no. 2004/371, criminal appeal.

29 April 2004 Sentencing. Premeditated murder. Penal Code section 233

The case concerns sentencing for premeditated murder, cf. section 233 subsections 1 and 2 of the Penal Code. The appellant’s appeal was dismissed. Reference: HR-2004-00700-1, case no. 2003/1457, criminal appeal.

29 April 2004 Submission of advisory opinion

The issue in the case was whether a party to a civil action was entitled to submit as evidence a question that had been submitted to the EFTA Court by the Supreme Court in its application for an advisory opinion, or whether the question fell within the definition of a statement made for the purpose of the case in section 197 of the Civil Procedure Act (in which case the right to submit the statement as evidence is limited). Reference: HR-2004-00800-A, case no. 2002/582, civil appeal.

28 April 2004 Recurring desertion from civil military service

After having served six months’ civil military service in 1996, A failed to return after a period of leave. Thereafter, he refused to meet every time he was called up. Reference: HR-2004-00796-A, case no. 2004/423, criminal appeal.

28 April 2004 Prizes awarded by a radio channel. Calculation of VAT

The case concerns the calculation of VAT on prizes donated by advertisers and awarded to listeners to the P4 Radio Hele Norge AS radio channel. Reference: HR-2004-00795-A, case no. 2004/10, civil appeal.

22 April 2004 Motor car accident. Sentencing

A was convicted in the District Court and sentenced to 30 days’ unconditional imprisonment for having negligently caused serious personal injury. He had run down a pedestrian who was crossing the road at a pedestrian crossing. It was dark, but the crossing was lit up. Reference: HR-2004-00764-A, case no. 2004/215, civil appeal.

22 April 2004 Pollution Control Act

Esso Norge AS ran an oil refinery at Slagentangen near the town of Tønsberg. On 16 September 1998, it was discovered that there had been a leakage in a 115 700 cubic metre crude oil tank. The leakage was estimated at 300 cubic meters, of which 200 cubic meters of oil were retrieved. There was no proof that oil had leaked out of the refinery area or into the sea. Reference: HR-2004-00763-A, case no. 2004/47, criminal appeal.

21 April 2004 Compensation for plant disease

The case concerns a claim for compensation brought by a cucumber farmer against a supplier of bamboo canes. The canes were used as support canes for cucumber plants. The farmer suffered loss when his cucumber crop was destroyed by a plant disease caused by an infection that was transmitted by the canes. Reference: HR-2004-00755-A, case no. 2003/803, civil appeal.

20 April 2004 Date for informal service in the event of absence from the office over several days.

The appellant’s counsel had been out of the office and out of town from before the post was delivered on Monday, 24 February 2003 until the afternoon of Friday, 28 February 2003. The judgement of the Court of Appeal was delivered to counsel’s office on Tuesday, 25 February 2003. Service was acknowledged on Friday, 28 February 2003. The respondent’s petition to dismiss the appeal on the grounds that it was out of time was dealt with by a chamber of the Supreme Court together with the appeal. The Court found that the appeal was out of time, as the judgement was deemed to be served at an earlier date. Reference: HR-2004-00727-A, case no. 2003/577, civil appeal.

20 April 2004 Sentencing. Deduction for time spent on remand in custody

A was convicted in the District Court for serious fraud and sentenced to 4 years and 9 months’ imprisonment. He appealed against the judgement of the District Court in its entirety. The Court of Appeal granted leave to appeal against sentence, whilst leave to appeal in all other respects was refused. The appeal was heard without an appeal hearing pursuant to section 322 subsection 1 no. 3 of the Criminal Procedure Act, and the sentence was reduced to 4 years’ imprisonment. A reduction was granted for time spent on remand in custody in Norway, but not for a longer period spent in custody in the USA after the judgement of the District Court had been delivered. Reference: HR-2004-00741-A, case no. 2003/753, criminal appeal.

19 April 2004 Tax Assessment Act. ECHR

The background for the case was the plenary decisions of the Supreme Court of 3 May 2002. The issue in the case was whether, when imposing a fine for breach of the Tax Assessment Act, an amount equivalent to 30 % surcharge could be incorporated into the fine. A had failed to deliver a personal tax declaration for 2001 within the specified deadline. Reference: HR-2004-00721-A, case no. 2004/184, criminal appeal.

19 April 2004 Breach of terms of community service order

The issue in the case was whether, in the event of a breach of the terms of a community service order, the court has the power to convert a suspended prison sentence to a partially conditional sentence, cf. section 28 b, subsection 1 of the Penal Code. A was sentenced to 120 days’ community service, alternatively 120 days’ imprisonment, on the condition that he complied with terms regarding place of residence etc. to be determined by the probation service. Reference: HR-2004-00722-A, case no. 2004/135, criminal interlocutory appeal.

3 April 2004 Right to extract power at cost

The case concerns a claim by five local authorities in the County of Østfold to a perpetual right to extract power from the Borgund power station at cost. Reference: HR-.2004-00678-A, case no. 2003/1062, civil appeal.

3 April 2004 Sentencing. Drug offences

A, who was born in 1957, was convicted in the District Court and Court of Appeal and sentenced to 12 months’ imprisonment for having stored 1856.3 grams of heroin with the intention to sell. The offence was committed together with his common law wife. Reference: HR-2004-00816-A, case no. 2004/297, criminal appeal.

2 April 2004 Sentencing, mistreatment of corpse

Three men were convicted in the District Court of aggravated theft, criminal damage and mistreating a corpse in connection with a break-in at the funeral chapel at Nordre Gravlund graveyard on the nights of 14 and 15 June 2003. Reference: HR-2004-00666-A, case no. 2004/126, criminal appeal.

2 April 2004 Punishment of children. Sentencing. Compensation

A man was convicted of physical assault of three children. The case concerns sentencing of the man and compensation to the children. From 1989 until 2001, A had treated his stepson and two biological sons very harshly. On a regular basis – between once a week and every other month – he pulled their hair, pinched them hard on their arms and legs, their cheeks and ears, or twisted their ears round causing pain. Reference: HR-2004-00659-A, case no. 2004/217, criminal appeal.

2 April 2004 Sentencing for murder with intent

The case concerns sentencing for murder with intent. A was convicted in the District Court and in the Court of Appeal and sentenced to 13 years’ imprisonment for the murder of a taxi driver, cf. section 233 subsection 1, cf. subsection 2 of the Penal Code. A stabbed the victim, whom he knew, approx. 30 times with a knife, and many of the stab wounds were fatal. The killing took place in the victim’s taxi. Reference: HR-2004-00658-A, case no. 2004/289, criminal appeal.

2 April 2004 Protective custody following conviction for sexual abuse of child

A 69-year-old man was convicted in the District Court and in the Court of Appeal, and a protective custody was imposed, for breach of section 195 cf. section 49 of the Penal Code – attempted anal intercourse with a 12-year-old boy. Reference: HR-2004-00667-A, case no 2004/271, criminal appeal.

1 April 2004 Allodial rights

The issue in the case was whether an area of land subject to a regulation plan, which included an area regulated for building holiday homes, could be assigned as allodial land together with the rest of the property. Reference: HR-2004-00643 A, case no. 2003/1374, civil appeal.

1 April 2004 Release from forced mental health care

The case concerns the time taken to process a decision to release a person from forced mental health care. A was taken into forced mental health care in November 2001 and he applied for his release on 14 August 2002. The Control Commission for Mental Health dismissed the application on 29 August 2002. Reference: HR-2004000655-A, case no. 2004/56, civil appeal.

31 March 2004 Statutory lien for renovation tax

The issue in the case was whether a statutory lien pursuant to section 34 subsection 5 of the Pollution Protection Act, cf. section 6-1 subsection 2 (a) of the Mortgage Act, includes debt recovery costs pursuant to section 17 subsection 1 of the Debt Recovery Act where debt recovery takes place out of court. Following an application from the Norwegian State Housing Bank, the Lofoton Sheriffs Court ordered the compulsory sale of a property in the local authority of Vågan. In the order concerning the distribution of the proceeds of sale, unpaid renovation tax for the period from the first quarter of 2000 to the second quarter of 2002 was allocated to the Vågan local authorty/Lofoton Renovation Company. The Court found that the costs of recovering the debt, amounting to NOK 7 674, were not protected by a statutory lien. Reference: HR-2004-00639-A, case no. 2003/1486, civil appeal.

24 March 2004 Allodial rights. Smallholding run as a hobby

Three siblings took over the running of a smallholding following the death of their parents. The eldest son, who was also the first in line to inherit the smallholding pursuant to the Allodial Rights Act, ran the smallholding together with his younger brother from 1982 until 1995, when he pulled out. It was the younger brother who was most interested in farming and who did most of the work. Reference: HR-2004-00612-A, case no. 2003/1262, civil appeal.

24 March 2004 Illegal import and storage of a very large quantity of Rohypnol tablets. Sentencing

A and B, who were brothers and 33 and 24 years old respectively, were convicted in the Asker and Bærum District Court for the legal import and storage of 257 270 Rohypnol tablets. Reference: HR-2004-00611-A, case no 2004/113, criminal appeal.

24 March 2004 Right to set off employer’s national insurance contribution against a bankrupt’s clai

In October 2001, the estate of the company Brødrene Karlsen AS was put into liquidation by order of the probate court. After the liquidation was ordered, the estate made a claim for deficit accrued in 2000 and 2001 to be repaid to the fiscal year 1999, see section 14-7 of the Taxation Act. Reference: HR-2004-00610-A, case no. 2003-1376, civil interlocutory appeal.

24 March 2004 Attempted murder. Drugs. Protective custody. Requirement of risk of repeated offences

The case concerns the imposition of a protective custody order for two attempted murders. A, who was 25 years old and a member of a drug community, was convicted of the attempted murder of two men, both of whom he knifed in the stomach. Reference: HR-2004-00613-A, case no. 2003/1239, criminal appeal.

23 March 2004 Publication of photograph of an accused person on her way out of court

The question in the case was whether the editors of the two national newspapers, Aftenposten and Dagbladet, could be punished for having published photographs of Veronica Orderud leaving the Nes District Court on 21 June 2001 after her conviction for triple murder. The photographs were published without Orderud’s consent. Reference: HR-2004-00586-A, case no. 2003/1485, criminal appeal.

23 March 2004 Norwegian Maritime Code

The case concerns the limitation of the carrier’s liability related to the gross weight of the goods. During a bad-weather crossing from Norway to Denmark, a semi-trailer tipped over and hit a similar semi-trailer that was parked next to it. Both trailers were condemned, whilst the damage to the cabs was only very moderate. Reference: HR-2004-00588-A, case no. 2003/1542, civil appeal.

19 March 2004 Stolen debit card. Misuse. Gross negligence

The issue in the case was whether A had acted grossly negligently. In 2002, A rented a private apartment in Barcelona. On the final day, he left the apartment for a couple of hours. His Mastercard and two other bankcards were in his wallet, which was packed in a locked suitcase. The PIN-codes to the bankcards were written down in a slightly camouflaged manner in his diary, which was also in the suitcase. The Mastercard was stolen and money was withdrawn from his account. Reference: HR-2004-00568-A, case no. 2003/1111, civil appeal.

18 March 2004 Embezzlement. Sentencing. Community service

A was an agent for a company. His work involved emptying and servicing slot machines in his district. Over time he developed pathological addiction to gambling, and between August 2002 and January 2003 he embezzled approx NOK 500 000 from the company. Reference: HR-2004-00565-A, case no. 2003/1632, criminal appeal.

17 March 2004 Competence of judge. Courts of Justice Act section 108

The appellant was convicted in the District Court and sentenced to 13 years’ imprisonment for grievous drug offences and aggravated theft. He appealed against procedure, including the competence of the presiding judge of the District Court, and against the assessment of evidence related to the question of guilt and against sentence. Reference. HR-2004-00546-A, case no. 2003/793, criminal appeal.

17 March 2004 Tax for use of road in a port area. Change in circumstances

The main issue in the case was the lawfulness of a provision in the tax regulations for Tromsø Port Authority. The provision imposed a tax on the owners of heavy vehicles of NOK 100 pr day pr vehicle for access to and from a site leased by Nordic in the port area. Reference: HR-2004-00545 A, case no. 2003/1370, civil appeal.

17 March 2004 Occupational injury. Injury caused by falling whilst on a social outing with work

The issue in the case was whether an injury suffered by an employee whilst he was on a social outing organised by his employer falls within the scope of an occupational injury pursuant to section 13-6 subsection 2 of the National Insurance Act. Reference: HR-2004-99556-A, case no. 2003/1466, civil appeal.

17 March 2004 Storage of 460 g amphetamine. Sentencing.

The case concerns an appeal brought by the prosecuting authority against sentence in a narcotics case where the primary offence was the storing of 460 g amphetamine of 40-45 % purity. The main question was whether it was justified in the circumstances to impose a fully suspended sentence or a community service order. Reference: HR-2004-99558-A, case no. 2004/421, criminal appeal.

16 March 2004 Criminal Procedure Act section 297, ECHR Article 6

The case concerns the right to read aloud in court the appellant’s statement to the police in a case concerning compensation for non-economic loss, cf. section 297 of the Criminal Procedure Act and Article 6 of the ECHR/Human Rights Act. Reference: HR-2004-00544-A, case no. 2003/1026, civil appeal.

12 March 2004 Sexual assault of a child. Penal Code section 195 subsection 1.

The case concerns sentencing for three counts of sexual assault of a 9-year-old girl, cf. section 195 subsection 1, first sentence and subsection 2(c) of the Penal Code. Reference: HR-2004-00518-A, case no. 2004/168, criminal appeal.

5 March 2004 Murder. Penal Code section 233, subsections 2 and 3

The case concerns sentencing for murder with intent, including murder perpetrated under especially aggravating circumstances, cf. section 233, subsections 2 and 3 of the Penal Code. Reference: HR-2004-00467-A, case no. 2003/1488, criminal appeal.

27 February 2004 False accusation of murder

The case concerns sentencing pursuant to section 168, first sentencing alternative of the Penal Code for false accusation of murder. Reference: HR-2004-00467-A, case no. 2003/1488, criminal appeal.

27 February 2004 Occasioning bodily harm. Penal Code section 229

The case concerns the interpretation of the term “reduces any person to helplessness, unconsciousness or any similar state” in section 229 of the Penal Code (occasioning bodily harm). Reference: HR-2004-00419-A, case no. 2003/1599, criminal appeal.

25 February 2004 Reopening of criminal case. Sentencing

The case concerns an interlocutory appeal against the decision of the Court of Appeal to dismiss a petition to reopen a case. The grounds for the petition were that the appellant was convicted pursuant to a provision in section 192 of the Penal Code (rape) which, at the time of the criminal act, had been passed by the parliament but not publicised in the Legal Gazette. Reference: HR-2004-00393-A, case no. 2003/1169, criminal interlocutory appeal.

25 February 2004 Sentencing. Theft. Penal Code section 257

The case concerns sentencing for theft in circumstances where the appellant had several previous convictions, mostly for petty crimes for profit and drug-related offences. Case history: Gulating Court of Appeal LG-2003-02156 – Supreme Court HR-2004-00395-A, criminal appeal.

24 February 2004 Employment law. Salary during notice period. Pay after termination of employment

The case concerns the right to salary during the notice period and to pay after termination of employment in the form of a compensation package following reduction in production levels at the workplace. Case history: Oslo City Court no. 00-10888 A/63 – Borgarting Court of Appeal LB-2002-02932 A/01 – Supreme Court HR-2004-00374-A, civil appeal.

24 February 2004 Conversion of preventive detention to protective custody.

Norwegian Constitution Article 97, ECHR Article 7, ECHR Protocol 7, Article 4 The case concerns an appeal against the application of law in a case concerning the conversion of the former criminal sanction of preventive detention to a protective custody order. There were two main questions. Firstly, whether the instigation of proceedings to convert the preventive detention order to a protective custody order represents a violation of the ne bis in idem principle in Article 4(1) of Protocol 7 to the ECHR. Secondly, whether the actual conversion represents a violation of the rule whereby legislation shall not be given retroactive effect, see Article 97 of the Convention and Article 7 of the ECHR/The Human Rights Act. Case history: Asker and Bærum District Court no. 02-02722 M/01 – Borgarting Court of Appeal LB-2003-01614 M/02 – Supreme Court HR-2004-00375-A, criminal appeal.

24 February 2004 Local authorities’ right of first refusal to purchase apartment building

The case concerns the conditions that have to be fulfilled to exercise the right of first refusal upon sale of a property pursuant to the Act of 29 April 1977 no. 34 relating to local authorities’ right of first refusal to purchase apartment buildings. The main issue was whether a garage area shall be deemed to be an area for commercial or residential use. Case history: Oslo City Court no 2000-09714 A – Borgarting Court of Appeal LB-2002-01662 A/01 – Supreme Court HR-2004-00378-A, civil appeal.

24 February 2004 Presumption of innocence in the ECHR

The issue in the case was whether a judgement ordering the accused in a criminal case to pay compensation to the victim after the accused had been acquitted of the crime, constitutes a violation of the presumption of innocence in Article 6(2) of the ECHR. Case history: Eidsvoll District Court no. 02-00101 – Eidsivating Court of Appeal LE-2003-00060 M – Supreme Court HR-2004-00379, civil appeal.

24 February 2004 Penal Code section 195. Sexual assault of a minor

A 17-year-old boy was convicted of sexual assault of a 7-year-old girl. Case history: Inderøy District Court no. 03-237 M – Frostating Court of Appeal LF-2003-03490 AST – Supreme Court HR-2004-00380-A, civil appeal.

24 February 2004 Exploitation of another person’s prostitution

The issue in the case was what amounts to “exploiting another person’s engaging in prostitution” in section 206 of the Penal Code prior to the amendment of Chapter 19 of the Penal Code, and “exploiting another person’s prostitution” in section 202 subsection 1 (b) following the statutory amendment. More particularly, the question was whether the proprietors of a campsite at which a large number of the female guests were engaged in prostitution could be punished in circumstances where they did not know which of the guests were engaged in prostitution. Case history: Tana and Varanger District Court nos. 01-00462/00463/00464/00465 – Hålogaland Court of Appeal nos. LH-2003-00315, LH-2003-00316, LH-2003-00317 and LH-2003-00318 – Supreme Court HR-2004-00381-A, criminal appeal.

24 February 2004 Tax law. Tax assessment. Deduction for business travel

The case concerns a pilot’s claim for tax deductions for air travel between his home and place of work, based on a kilometre rate, in circumstances where the air ticket was purchased at a reduced rate by virtue of the pilot’s employment. Case history: Bergen City Court 02-1595 A/01 – Gulating Court of Appeal LG-2002-02241 A/01 – Supreme Court HR-2004-00384-A, civil appeal.

19 February 2004 Requirement of intent

The case concerns the Court of Appeal’s interpretation of the requirement of intent in section 127 subsection 1, first sentencing alternative of the Penal Code (incitement of public servant to perform or omit to perform an official act). Case history: Borgarting Court of Appeal – Supreme Court HR-2004-00352-A, criminal appeal.

12 February 2004 Industrial Injury Insurance Act

The case concerns an employee’s claim for compensation pursuant to section 11 subsection 1(c) of the Industrial Injury Insurance Act. The issue in the case was whether a deep vein thrombosis, which a welder developed in the course of his work, fell within the scope of the provision and, consequently, whether the If insurance company was liable as insurer. Kragerø District Court no. 00-00250 A – Agder Court of Appeal LA-2002-00446 A – Supreme Court HR-2004-00410-A, civil appeal.

12 February 2004 Civil protection of lease

The issue in the case was whether a lease on real property enjoys civil protection in the event of expropriation and, consequently, whether the lessee is entitled to claim damages. Case history: Eidsivating Court of Appeal – Supreme Court HR-2004-00311-A, civil appeal.

12 February 2004 Sexual assault of a minor

The case concerns sentencing for sexual assault of a 14-year-old girl with whom the appellant had established contact via the internet, see section 196 subsection 1 of the Penal Code. Case history: Gulating Court of Appeal – Supreme Court HR-2004-00312-A, criminal appeal.

11 February 2004 Sentencing. Smuggling of Humans. Immigration Act section 47

The case concerns sentencing for the organised smuggling of humans. Case history: Gulating Court of Appeal – Supreme Court HR-2004-00299-A, criminal appeal.

11 February 2004 Company Taxation Act section 5-5 subsection 2

The issue in the case was whether dividends from a foreign company that were not liable to taxation pursuant to a tax agreement, should be taken into account in calculating the RISK-value (regulation of the input value of shares in connection with a change in the company’s taxable capital) of the Norwegian parent company, see section 5-5 no. 2 of the Company Taxation Act. Case history: Oslo City Court no. 01-11990 A/27 – Borgarting Court of Appeal LB-2003-00087 A/01 – Supreme Court HR-2004-00300-A, civil appeal.

11 February 2004 Multiple rape

One of the issues in the case was what comprises “insertion of the penis into the mouth” and thereby to be equated with sexual intercourse, see section 206, second sentence of the Penal Code. The case also concerns sentencing for several rapes committed on the same day. Case history: Drammen District Court no. M02-1703 – Borgarting Court of Appeal LB-2003-00747 M/02 – Supreme Court HR-2004-00301-A, criminal appeal.

6 February 2004 Sale of heroin

The case concerns sentencing for the illegal sale of 17.5 grams of heroin. Case history: Stavanger City Court – Gulating Court of Appeal LG-2003-00983 M/01 – Supreme Court HR-2004-00263-A, criminal appeal.

5 February 2004 Taxation Act. Severance pay.

The issue in the case was whether severance pay paid pursuant to a wage agreement between Posten Norge and the Postal Workers Union was not liable to tax pursuant to section 42 subsection 3 (h) of the Taxation Act of 1911 and section 5-15 subsection 1 (a) of the Taxation Act of 1999. Case history: Bergen City Court – Gulating Court of Appeal LG-2002-02147 – Supreme Court HR-2004-00246-A, civil appeal.

5 February 2004 Protective custody. Penal Code section 233 subsection 1

The case concerns the imposition of a protective custody order following a conviction for murder. Case history: Moss District Court no. 03-00166M – Borgarting Court of Appeal LB-2003-02185 M/01 – Supreme Court HR-2004-00247-A, criminal appeal.

5 February 2004 Child pornography

The case concerns sentencing for the illegal possession of child pornography. Case history: Borgarting Court of Appeal – Supreme Court HR-2004-00248-A, criminal appeal.

3 February 2004 Courts of Justice Act section 108. Competence

The case concerns the competence of two judges to hear a case. Case history: Borgarting Court of Appeal LB-2003-00087 A/01 – Supreme Court HR-2004-00215-A, civil appeal.

3 February 2004 Ground Lease. Ground rent

The issue in the case was whether the interest stipulated in a ground lease erroneously provided double compensation for inflation in the calculation of a ground rent where the lease also contained a regulation clause. Case history: Sunnfjord District Court no. 2001-00087 – Gulating Court of Appeal LG-2001-02268 B/02 – Supreme Court HR-2004-00218-A, civil appeal.

30 January 2004 Reduction of liability. The Compensation Act

A 22 year-old-man was convicted for breach of section 148 subsection 1 of the Penal Code (arson) and for grievous criminal damage, see section 291 cf. section 292 of the Penal Code. In the criminal judgement, he was ordered to pay almost NOK 1.5 million to the insurance company that had paid out compensation for the damage caused by the fire. The issue in the case related to the reduction of his liability towards the insurance company pursuant to section 5-2 of the Compensation Act. Case history: Tønsberg District Court no. 02-01105 – Agder Court of Appeal LA-2002-01871 – Supreme Court HR-2004-00198, civil appeal.

27 January 2004 Tax law. Article 6(1) of the European Convention on Human Rig

The issue in the case was whether an administrative decision to impose surcharge was made within a reasonable time, see Article 6(1) of the European Convention on Human Rights. Case history: Oslo City Court no. 00-07134 A/53 – Borgarting Court of Appeal LB-2002-00254 A/03 and LB-2002-00256 A/03 – Supreme Court HR-2004-00155, civil appeal.

26 January 2004 Product Liability Act section 2-1

The issue in the case was whether the importer and distributor of dental reconstruction material is liable in damages towards a dentist who developed an allergic reaction to the material and who therefore had to change his occupation, see section 2-1 of the Product Liability Act. Case history: Oslo City Court no. 00-01484 A/21 – Borgarting Court of Appeal LB-2002-00615 A/01 – Supreme Court HR-2004-00145, civil appeal.

26 January 2004 Penal Code section 326 no. 1. Police Instructions section 12-4

The case concerns the application of section 326 no. 1 of the Penal Code, which provides that any person shall be liable to fines or imprisonment for a term not exceeding six months who prevents or attempts to prevent any public servant from lawfully performing his duties or refuses to admit him to places he is lawfully entitled to enter. Case history: Oslo City Court no. 02-08951 M/34 – Borgarting Court of Appeal LB-2003-01110 M/01 – Supreme Court HR-2004-00146, criminal appeal.

22 January 2004 Cyber crime

The case concerns a person who was convicted of several counts of hacking into the data system of a competing business. Case history: Kristiansand District Court – Agder Court of Appeal LA-2003-00083 – Supreme Court HR-2004-00127, criminal appeal.

22 January 2004 Criminal procedure.

Criminal Procedure Act section 290. Article 6of the European Convention on Human Rights The issue in the case was whether the Court of Appeal had committed a procedural error in a comprehensive drugs case. The Court had allowed the statement that one of the accused persons had made to the police to be read aloud, notwithstanding that he had availed himself of his right to refuse to testify in court. Case history: Oslo City Court no 2000-02884 – Borgarting Court of Appeal LB-2002-01805 M/02 – Supreme Court HR-2004-00128, criminal appeal.

22 January 2004 Marriage Act section 59 subsection 1

The case concerns the calculation of the value of an undeveloped plot of land which one of the spouses had inherited and upon which the spouses had built the marital home, for the purposes of withholding the said value from the equal division of the estate upon divorce, see section 59 subsection 1 of the Marriage Act. Asker and Bærum Probate Court no. 02-01308 A – Borgarting Court of Appeal LB-2003-00500 A/03 – Supreme Court HR-2004-00143, civil appeal.

21 January 2004 Employment law. Education Act section 10-1

The issue in the case was whether the employment contract of a teacher at a school in Oslo had been terminated. Case history: Oslo City Court no. 02-07144 A/48 – Borgarting Court of Appeal LB-2003-00442 A/03 and LB-2003-00443 A/03 – Supreme Court HR-2004-00119, civil appeal.

20 January 2004 Employment Act section 47 no. 1

The issue in the case was whether the requirement in section 47 no. 1 of the Employment Act that an agreement on the calculation of average working hours must be in writing is a formal condition that must be fulfilled in order for such agreement to be valid. Case history: Midt-Trøndelag District Court no. 02-323 A – Frostating Court of Appeal LF-2003-00231 – Supreme Court HR-2004-00099, civil appeal.

14 January 2004 Sentencing. Penal Code section 192 subsection 1 b

The case concerns sentencing of a man who was convicted of rape including intercourse with a woman who was incapable of resisting. Case history: Kristiansand District Court no. 02-00666 – Agder Court of Appeal LA-2003-00045 – Supreme Court HR-2004-00053, criminal appeal.

14 January 2004 Sentencing. Penal Code section 192 subsection 1

The case concerns sentencing of a man who was convicted of rape including intercourse of a woman who was sleeping. Case history: Bergen City Court no. 02-03233 – Gulating Court of Appeal LG-2003-00430 M/02 – Supreme Court HR-2004-00078, criminal appeal.

9 January 2004 Sentencing. Penal Code sections 195 and 197

The case concerns sentencing of a man who was convicted of sexual intercourse with his 12-year-old daughter. Case history: Nord-Troms District Court no. 02-02550 – Hålogaland Court of Appeal LH-2003-00396 – Supreme Court HR-2004-00034, criminal appeal.

9 January 2004 Sentencing. Penal Code section 195

The case concerns sentencing of a doctor who was convicted of sexual assault of his young daughter, including the question whether he should be disqualified from practising as a doctor. Case history: Fredrikstad District Court no. 02-00817 M – Borgarting Court of Appeal LB-2003-00871 M/02 – Supreme Court HR-2004-0035, criminal appeal.

9 January 2004 Sentencing. Sexual intercourse with a young girl

The case concerns sentencing of a 33-year-old man who was convicted of unlawful sexual intercourse with a young girl aged 13 years and 8 months. Case history: Sarpsborg District Court no. 01-01149 M – Borgarting Court of Appeal LB-2002-02417 M/02 – Supreme Court HR-2004-00036, criminal appeal.

7 January 2004 National Insurance Act section 22-13 subsection 1 first sentence

The issue in the case was whether an award of invalidity pension could be given retrospective effect for three years prior to the submission of the claim, see the National Insurance Act section 22-13 subsection 1 first sentence. Case history: Social Security Tribunal – Frostating Court of Appeal LF-2002-00769 A – Supreme Court HR-2004-00022, civil appeal.

7 January 2004 Industrial Injury Insurance Act.

Measure of damage for short-term loss of income. The issue in the case was whether – and if so, how – the rules for measuring damages for loss of earnings due to an industrial injury in government regulation 21 December 1990 no. 27 on standardised compensation pursuant to the Industrial Injury Insurance Act, should be applied in a case where the claimant’s earning capacity was reduced for only a short period of time. Case history: Oslo City Court no. 02-04650 A/79 – Supreme Court HR-2004-00023, civil appeal.

22 December 2003 Value Added Tax Act section 21

The issue in the case was whether a limited liability company that financed the business operations of a rally cross driver by advertising could deduct input VAT on expenses connected with the running and maintenance of the rally cross car from output VAT on income from the advertising activities. See section 21 of the Value Added Tax Act. Case history: Oslo City Court no. 01-01220 A/94 – Borgarting Court of Appeal LB-2002-01624 A/01 – Supreme Court HR-2003-00576, civil appeal.

22. December 2003 Ne bis in idem

The issue in the case was whether an order made pursuant to section 4-24 subsection 2 of the Child Welfare Act for the compulsory detention of juvenile offenders in a child welfare institution represents a bar to subsequent criminal proceedings for the same conduct upon which the decision to place the juvenile in the institution was based. See the ne bis in idem principle in Article 4(1) of Protocol 7 to the European Convention on Human Rights. Case history: Stavanger City Court – Gulating Court of Appeal LG-2003-00740 M – Supreme Court HR-2003-00735, criminal interlocutory appeal.

19 December 2003 Penal Code section 132a subsection 1 b

The case concerns the application of law relating to section 132 a subsection b of the Penal Code (interfering with the course of justice by retaliating against an act or service performed by an officer of the legal system) and sentencing for the offence. The appellant had approached the judge who had pronounced a judgement with which he disagreed. Case history: Jæren District Court no. 02-00130 M – Gulating Court of Appeal LG-2002-01592 – Supreme Court HR-2003-00673, criminal appeal.

19 December 2003 Penal Code sections 48 and 233 – murder and self-defence

The case concerns sentencing for murder in circumstances where the convicted person had exceeded the force permissible for the defence of self-defence. Case history: Oslo City Court no. 01-09340 M/84 – Borgarting Court of Appeal LB-2002-02296 M/02 – Supreme Court HR-2003-00936, criminal appeal.

19 December 2003 Reading aloud of witness testimony

The issue in the case was whether the reading aloud of witness testimony constitute a violation of Article 6(1) and Article 6(3)(d) of the European Convention on Human Rights. Case history: Sunnhordaland District Court no. 02-00409 M – Gulating Court of Appeal LG-2003-00105 M – Supreme Court HR-2003-01098, criminal appeal.

19 December 2003 Preclusion of evidence in a criminal case

The case concerns the preclusion of evidence in a criminal case. The issue was whether two police officers should have been given the opportunity to testify on the contents of a conversation they had had with a person who was later charged with driving while under the influence of alcohol. Case history: Borgarting Court of Appeal – Supreme Court HR-2003-01137, criminal appeal.

19 December 2003 Sentencing. Penal Code section 162 subsection 1 (drug felony)

The case concerns sentencing for the storing and transfer of 10 grams of heroin in a prison. Case history: Eidsvoll District Court – Eidsivating Court of Appeal LE-2003-00424 – Supreme Court HR-2003-01273, criminal appeal.

18 December 2003 Act relating to local authorities’ right of first refusal upon the sale of a an apa

The case concerns the interpretation of section 7 of the Act relating to local authorities’ right of first refusal upon the sale of apartment buildings. More particularly, the question was whether the appropriate procedural form for determining the market value of the property in circumstances where the purchaser claimed that there was a gift was assessment proceedings or ordinary civil proceedings. Case history: Trondheim City Court no. 02-00726 A – Frostating Court of Appeal LF-2002-01036 A – Supreme Court HR-2003-00666, civil appeal.

18 December 2003 Criminal Procedure Act section 322. Penal Code sections 12 and 13

The case concerns an appeal against a judgement of the Court of Appeal that was pronounced without an appeal hearing, see section 322 subsection 1 no. 3 of the Criminal Procedure Act. The appeal related to both the procedure and the sentence. Case history: Frostating Court of Appeal – Supreme Court HR-2003-00753, criminal appeal.

18 December 2003 Penal Code section 39c. Protective custody

The issue in the case was whether a protective custody order should be made in a murder case in circumstances where the convicted person had also previously been convicted of murder, and the minimum and total term of such order. Case history: Oslo City Court no. 02-02645 M/12 – Borgarting Court of Appeal LB-2002-04114 M/03 – Supreme Court HR-2003-00789, criminal appeal.

18 December 2003 Sentencing. Fraudulent preference of creditors

The case concerns sentencing for the fraudulent preferential payment of creditors, conduct by the accused comprising extravagant living liable to worsen his economic position and failure to make tax deductions for his employees. Case history: Oslo City Court no. 02-05725 M/46 – Borgarting Court of Appeal LB-2002-03931 M/01 – Supreme Court HR-2003-00945, criminal appeal.

18 December 2003 Protective custody

The issue in the case was whether a sentence of imprisonment and preventive detention should be substituted by a protective custody order, whereby the convicted person would be released from protective custody on parole. Case history: Oslo City Court no. 01-11784 – Borgarting Court of Appeal LB-2002-03293 M/03 – Supreme Court HR-2003-01008, criminal appeal.

12 December 2003 Penal Code section 229 (bodily harm)

A prison sentence was suspended on account of the length of time that had passed since the offence was committed. Case history: Asker and Bærum District Court no. 00-01455 M/02 – Borgarting Court of Appeal LB-2001-01129 M/01 – Supreme Court HR-2003-01022, criminal appeal.

10 December 2003 Civil Procedure Act section 75 subsection 2

The issue in the case was whether the courts could deal with an indictment wherein the prosecution had requested that the accused should be deprived of the right to keep animals pursuant to the provisions of section 32 of the Animal Protection Act. The main issue was whether the public prosecutor was entitled to withdraw his earlier decision to drop the prosecution pursuant to section 75 subsection 2 of the Civil Procedure Act. Case history: Hålogaland Court of Appeal LH-2003-00048 – Supreme Court HR-2003-00746, criminal appeal.

10 December 2003 Employment Act section 67

The case concerns the preferential claim of an employee who has been dismissed owing to lack of work to new employment at the employer’s establishment, see section 67 of the Employment Act. The issue in the case was whether the employee was “suited” to the vacant post in question. Case history: Trondheim City Court no. 01-01876 A – Frostating Court of Appeal LF-2002-00799 A – Supreme Court HR-2003-00834, civil appeal.

9 December 2003 Securities Trading Act section 11-1

The case concerns a claim relating for performance of an order placed with an investment firm, see section 11-1 of the Securities Trading Act concerning the liability of an investment firm to the party with whom it enters into an agreement for the performance of orders it has executed. Case history: Oslo City Court no. 98-1622 A/76 – Borgarting Court of Appeal LB-2001-01281 A/01, LB-2001-01282 A/01, LB-2001-01283 A/01 – Supreme Court HR-2002-01354 and HR-2002-01356, civil appeal.

5 December 2003 The Mortgage Act section 1-4 subsection 1

The case concerns the interpretation of section 1-4 subsection 1 of the Mortgage Act. More particularly, the question was how a claim for interest – other than interest as defined in section 1-5 b of the Act - shall be recorded in the official register of attachment and execution orders, in order to ensure that it is given legal protection together with the execution lien. Case history: Sandefjord District Court no. 00-00518 – Agder Court of Appeal LA-2002-00582 – Supreme Court HR-2002-01047, civil appeal.

5 December 2003 Interpretation of a price regulation clause

The case concerns the interpretation of a price regulation clause in a contract relating to the supply of electricity. Case history: Midhordland District Court no. 00-00172 – Gulating Court of Appeal LG-2000-02310 – Supreme Court HR-2002-01486, civil appeal.

5 December 2003 Adjournment of appeal

The Supreme Court referred the relevant questions of interpretation to the EFTA Court, see the Courts of Justice Act section 51a, and the appeal cases were adjourned pending the opinion of the EFTA Court. Case history: Trondheim City Court no. 02-1616 M/02-1617 M- Frostating Court of Appeal LF-2003-0086 and LF-2003-0087 M – Supreme Court HR-2003-01094 and HR-2003-01095, criminal appeal.

5 December 2003 Penal Code section 192 (rape). Appeal against procedure

The case concerns an appeal against procedure following a conviction for rape, more particularly the formulation of the questions that were put to the jury. Case history: Mandal District Court no. 02-00392 M – Agder Court of Appeal LA-2003-00075 M – Supreme Court HR-2003-01266, criminal appeal.

4 December 2003 The Karmøy case. Criminal Procedure Act sections 444, 446 and 448

The case concerns a claim brought by the accused, his parents and siblings against the State for compensation for economic and non-economic loss after the accused was acquitted of homicide in the Court of Appeal, see sections 444, 446 and 448 of the Civil Procedure Act (provisions relating to compensation in connection with a prosecution). Case history: Karmsund District Court no. 97-00539 – Gulating Court of Appeal LG-1998-01735 – Supreme Court HR-2001-00778, criminal interlocutory appeal.

4 December 2003 Employment Act section 60 no. 1

The issue in the case was whether the dismissal of a pilot on the grounds of breach of confidence was lawful. Case history: Asker and Bærum District Court no. 00-01397 A/02 – Borgarting Court of Appeal LB-2002-00302 A/01 and LB-2002-00303 A/01 – Supreme Court HR-2003-00194, civil appeal.

27 November 2003 Pension rights

The case concerns a claim for a declaratory judgement against an employer relating to seniority in a collective occupational pension scheme. Case history: Asker District Court no. 00-01454 A/02 – Borgarting Court of Appeal LB-2001-02004 A/02 – Supreme Court HR-2003-00005, civil appeal.

27 November 2003 Article 6 of the European Convention on Human Rights.

The case concerns an appeal against a judgement of the Court of Appeal where the accused in a criminal case was ordered to pay compensation to the victim despite the fact that he (the accused) was acquitted of the criminal charge. The main issue in the case was whether the Court of Appeal when determining the claim for compensation had violated the presumption of innocence in Article 6(2) of the European Convention on Human Rights. Case history: Jæren District Court no. 01/00599 M – Gulating Court of Appeal LG-2002-00895 M – Supreme Court HR-2003-00227, civil appeal.

18 November 2003 Act relating to forestry and forestry protection, section 16 subsection 3

The issue in the case was whether Norges Naturvernforbund (Friends of the Earth Norway) had the necessary legal interest (locus standi) to petition for an injunction requiring a private owner of a forest to refrain form cutting down trees within a defined area of his property. The grounds of the petition were that the said defined area of the property was part of a larger area that was registered as a protected coniferous forest, that the owner had already felled a large proportion of an old crop of special pine trees, and that further felling would be contrary to section 16 subsection 3 of the Forestry and Forestry Protection Act of 21 May 1965. Case history: Indre Sogn District Court no. 2002-00236 – Gulating Court of Appeal LG-2003-00166 – Supreme Court HR-2003-00527, civil appeal.

17 November 2003 Damages for unlawful summary dismissal

The case concerns an employee’s claim for damages after he was wrongly summarily dismissed for allegedly disloyal conduct. Case history: Oslo City Court no. 00-05560 A/46 – Borgarting Court of Appeal LB-2001-03790 A/03 – Supreme Court HR-2003-00088, civil appeal.

7 November 2003 Compensation. Regress

The issue in the case was whether a local authority could reclaim the costs of nursing and caring for the victim of a road traffic accident from the driver’s insurance company. Case history: Oslo City Court no. 99-10730 A/31 – Borgarting Court of Appeal LB-2000-03104 A/01 – Supreme Court HR-2002-01570, civil appeal.

5 November 2003 Measure of damages for non-economic loss

The case concerns the measure of damages for non-economic loss awarded to a rape victim, see section 3-5 subsection 1 b of the Compensation Act. See also the decision in HR-2002-01674 of the same date. Case history: Borgarting Court of Appeal LB-2001-02964 M/02 – Supreme Court HR-2002-00981, civil appeal.

5 November 2003 Measure of damages for non-economic loss

The case concerns the measure of damages for non-economic loss awarded to a rape victim, see section 3-5 subsection 1 b of the Compensation Act. See also the decision in HR-2002-00981 of the same date. Case history: Trondheim City Court no. 01-02019 M – Frostating Court of Appeal LF-2002-00337 M – Supreme Court HR-2002-01674, civil appeal.

5 November 2003 Courts of Justice Act section 108

The issue in the case was whether the collegial relationship between the justices of the Supreme Court disqualifies them from adjudicating a criminal case involving offences directed at one of their colleagues. Case history: Gulating Court of Appeal – Supreme Court HR-2003-00673, criminal appeal.

4 November 2003 Compensation for loss of the right to be a shareholder.

The issue in the case was whether two shareholders, who were also employees of the company in question, could claim reimbursement of the share capital paid by them after they were unlawfully dismissed from the company. The articles of association of the company provided that only persons who were employees of the company were entitled to be shareholders thereof. Case history: Toten District Court no. 01-00335 A – Eidsivating Court of Appeal LE-2002-00321 A – Supreme Court HR-2002-01534, civil appeal.

31 October 2003 The smoking case

The case concerns a petition for a declaratory judgement declaring that the manufacturer of tobacco products is strictly liable in damages towards a plaintiff who developed lung cancer and died after having smoked for more than 40 years. Case history: Orkdal District Court – Frostating Court of Appeal LF-2001-00075 – Supreme Court HR-2002-00753, civil appeal.

31 October 2003 Sentencing. Penal Code section 192. Rape

The case concerns an appeal against sentence in a criminal case where a count of rape was the primary offence. The main issue in the case was what weight should be given to the personal circumstances of the accused when passing sentence. Case history: Trondheim City Court no. 02-10474 M – Frostating Court of Appeal LF-2003-00226 M – Supreme Court HR-2003-00942, criminal appeal.

30 October 2003 Compensation. Insurance Contracts Act section 2-1

The case concerns a claim for compensation against an insurance company for breach of its duty of information towards the insured when entering into the insurance contract, see the Insurance Contracts Act section 2-1. The issue in the case was whether the insurance company could be criticised for having provided inadequate information as a consequence of which the insurance policy did not provide insurance cover for occupational injury. Case history: Oslo City Court no. 00-03102 A/53 – Borgarting Court of Appeal LB-2001-01615 A/01 – Supreme Court HR-2002-00415, civil appeal.

30 October 2003 Construction law. The Contracts Act section 32. NS 3400

The case concerns a claim from a bidder to amend a unit price that was wrongly fixed in a tender after the contract was signed. Case history: Ytre Follo District Court no. 00-00339 A – Borgarting Court of Appeal LB-2001-00626 A/01 – Supreme Court HR-2002-00940, civil appeal.

30 October 2003 Criminal law, confiscation. Act relating to Norway’s Economic Zone

The case concerns the incorrect recording of the catch logbook for fishing in Norway’s Economic Zone, see the government regulation concerning the regulation of fishing with Russian flag ships in the Norwegian Economic Zone and the fishing zone around Jan Mayen. Case history: Nord-Troms District Court – Hålogaland Court of Appeal LH-2003-00036 – Supreme Court HR-2003-00692, criminal appeal.

29 October 2003 Limited Liability Companies Act (1976) section 12-8 subsection 1

The case concerns a claim against shareholders pursuant to section 12-8 subsection 1 of the Limited Liability Companies Act of 4 June 1976 no. 59 relating to the reimbursement of paid-out dividends following a resolution of the annual general meeting. Case history: Stavanger City Court no. 99-00165 A – Gulating Court of Appeal LG-2001-00676 – Supreme Court HR-2003-00084, civil appeal.

29 October 2003 Criminal Procedure Act sections 297 and 300

The issue in the case was whether the Court of Appeal had committed a procedural error in allowing a tape recording of witness evidence given in the district court to be played when dealing with the question of guilt in a criminal appeal. The accused argued that the testimony of the witness in question was the principal evidence presented against him, and that the Court of Appeal should have heard the witness directly. Case history: Oslo City Court no. 02-00756 M/24 – Borgarting Court of Appeal LB-2002-03067 M/01 – Supreme Court HR-2003-00882, criminal appeal.

29 October 2003 Courts of Justice Act section 108

The case concerns an appeal against procedure in a criminal case where the Court of Appeal sat with a jury. The primary issue was whether a member of the jury was disqualified from acting pursuant to section 108 of the Courts of Justice Act on the grounds that he had previously been a member of a jury that had determined a case against the same accused involving similar offences. Case history: Lofoten District Court no. 02-00237 – Hålogaland Court of Appeal LH-2002-00772 – Supreme Court HR-2003-00910, criminal appeal.

22 October 2003 Compensation. Child Welfare Act 1953. The Compensation Act

The issue in the case was whether a local authority was liable to pay compensation for having failed to take a child into care pursuant to the provisions of the Child Welfare Act 1953. Case history: Nord-Troms District Court no. 00-01825 – Hålogaland Court of Appeal LH-2001-01009 – Supreme Court HR-2003-00060, civil appeal.

20 October 2003 Penal Code section 201

The case concerns the interpretation of section 201 c of the Penal Code, which provides that sexually offensive or other indecent conduct whether in word or deed in the presence of or against any child under 16 years of age, is punishable by fines or imprisonment for a term of up to 12 months. Case history: Nordmøre District Court no. 02-00671 – Frostating Court of Appeal LF-2002-01109 M – Supreme Court HR-2003-00791, criminal appeal.

20 October 2003 Sentencing. Penal Code sections 272 and 171

The case concerns sentencing for insurance fraud and for the false reporting of a criminal offence. Case history: Nordhordaland District Court no. 02-00503 – Gulating Court of Appeal LG-2003-00628 – Supreme Court HR-2003-00830, criminal appeal.

14 October 2003 Liability for aiding and abetting rape

The case concerns liability for aiding and abetting rape and the use of community service in sentencing young offenders. Case history: Salten District Court no. 02-01280 – Hålogaland Court of Appeal LH-2003-00208 and LH-2003-00209 – Supreme Court HR-2003-00705, criminal appeal.

14 October 2003 Sentencing. Murder by knifing. Penal Code section 233 subsection 1

The case concerns sentencing following a conviction for murder by knifing that took place at nighttime outside a nightclub amongst the members of a youth gang. Case history: Oslo City Court no. 02-11007 M/02 – Borgarting Court of Appeal LB-2003-01283 M/02 – Supreme Court HR-2003-00898, criminal appeal.

13 October 2003 Claim for compensation against a psychologist

The case concerns a claim for compensation brought by three men against a psychologist who had abused his position in relation to them in order to carry out sexual assault. The psychologist had been sentenced to a term of imprisonment of 2 years and 6 months. Case history: Borgarting Court of Appeal LB-2001-01802 M/02 – Supreme Court HR-2002-00958, HR-2002-00959, HR-2002-00960, civil appeal.

13 October 2003 Article 4(1) of Protocol 7 to the European Convention on Human Rights

The primary issue in the case was whether the imposition of surcharge on a sole proprietor company pursuant to section 73 of the Value Added Tax Act, is a bar to a criminal prosecution for receiving the proceeds of a criminal act, cf. inter alia Article 4(1) of Protocol 7 to the European Convention on Human Rights. Case history: Nedre Romerike District Court no. 01-01203 M – Eidsivating Court of Appeal LE-2002-00690 M – Supreme Court HR-2003-00532, criminal appeal.

13 October 2003 Penal Code sections 201 b and 325 subsection 1 no. 5

The case concerns appeals brought by the prosecution and the defendant against the application of sections 201 b and 325 subsection 1 no. 5. [Note: section 201 b provides that a person who conducts himself in a sexually offensive or other indecent manner in a public place, may be liable to fines or imprisonment for a term of up to 12 months. Section 325 subsection 2 no. 5 provides that a public official may be liable to fines who outside his service behaves in a manner which makes him unworthy of or may have an adverse effect on the confidence or esteem necessary for his office]. The issue in the case was whether a police officer was liable to conviction pursuant to these provisions for having looked in through the window of a living room where two people were watching erotic/pornographic films on TV. Case history: Stjør- and Verdal District Court no. 02-00414 M – Frostating Court of Appeal LF-2003-00045 M-14 – Supreme Court HR-2003-00676, criminal appeal.

9 October 2003 Tax law. Petroleum Taxation Act, Taxation Act (1911) section 54

The case concerns the allocation between shelf- and land taxation of an oil company’s income related to the sale of fractionalised liquid gas. Case history: Oslo City Court no. 97-06180 A/25 – Borgarting Court of Appeal LB-1999-03380 A/02 – Supreme Court HR-2002-00413, civil appeal.

9 October 2003 Investment duty – interest

The case concerns a claim for interest on repaid investment duty. Case history: Oslo City Court no. 99-04980 A/50 – Borgarting Court of Appeal LB-2000-02713 A/03 and LB-2000-02714 A/03 – Supreme Court HR-2002-01650, civil appeal.

8 October 2003 Insurance Agreements Act

A property was totally damaged by fire before title had passed. The issue in the case was whether the purchaser was co-insured on the vendor’s insurance, cf. the Insurance Agreements Act section 1-2, and whether the purchaser could claim the cost of reconstructing the property. Case history: Alstahaug District Court no. 00-00660 – Hålogaland Court of Appeal LH-2001-01159 – Supreme Court HR-2002-01007, civil appeal.

8 October 2003 Sale of Property Act

A new detached house with a separate bed-sit in the basement had been built without sound insulation in violation of a government regulation from 1987. The issue in the case was whether this constituted a defect within the terms of the Sale of Property Act. Case history: Oslo City Court no. 99-09256 A/13 – Borgarting Court of Appeal LB-2001-01913 A/03 – Supreme Court HR-2002-01114, civil appeal.

8. October 2003 Civil Procedure Act

The case concerns the jurisdiction of the court pursuant to section 482 of the Civil Procedure Act. More particularly, the issue in the case was whether, in a case concerning the taking of a child into care and rights of contact, the district court had jurisdiction to determine the issue of custody, which had been decided by the County Social Welfare Board but not brought before the court. Case history: Nedre Romerike District Court no. 01-10544 A – Eidsivating Court of Appeal LE-2002-00744 1 – Supreme Court HR-2003-00506, civil appeal.

25 September 2003 Bomb attack in the town of Drammen. Penal Code section 148

The case concerned an appeal against procedure, alternatively appeal against sentence, by five persons convicted at a jury trial for offences in connection with a bomb attack at a motorbike club in Drammen. Case history: Drammen District Court no. 557/2202 – Borgarting Court of Appeal LB-2002-02306 M/01 – Supreme Court HR-2003-00531, criminal appeal.

24 September 2003 Contract Act section 36 and the Financial Agreements Act section 47

The main issue in the case was whether a bank had neglected its duty to provide information in connection with the issue of a loan pursuant to section 47 of the Financial Agreements Act and, if so, whether the customer was free of liability under the loan. In the event that this argument did not succeed, the second question was whether section 36 of the Contracts Act, which provides for the revision of contracts on equitable grounds, could lead to the same result. Case history: Skien and Porsgrunn District Court no. 01-01437 – Agder Court of Appeal LA-2002-00477 – Supreme Court HR-2002-01644, civil appeal.

24 September 2003 Serious violent crime. Penal Code sections 229 and 39c

The case concerns whether an appeal against the replacement of a preventive detention order (“sikring”) by a protective custody order (“forvaring”) should be dismissed, and whether violation of section 229 first sentencing alternative cf. section 232 of the Penal Code (occasioning bodily harm with intent and under especially aggravating circumstances) is deemed to be a “serious violent crime” in the terms of section 39c no. 1 of the Penal Code. Case history: Trondheim City Court no. 02-11431 M – Frostating Court of Appeal LF-2003-00162 M-14 – Supreme Court HR-2003-00829, criminal appeal.

23 September 2003 Quarantine period upon bankruptcy

Article 4(1) of Protocol 7 to the European Convention on Human Rights. The issue in the case was whether quarantine imposed pursuant to section 142 subsection 1 no. 1 and no. 2 of the Bankruptcy Act constitutes a bar against subsequent criminal prosecution based on the same factual circumstances that formed the basis for the quarantine order, cf. Article 4(1) of Protocol 7 to the European Convention on Human Rights. Case history: Eidsvoll District Court no. 01-00636 M – Eidsivating Court of Appeal LE-2002-00116 M – Supreme Court HR-2002-01389, criminal appeal

23 September 2003 Value Added Tax Act

The case concerns the validity of a supplementary V.A.T. assessment upon the sale of plant and machinery to be employed outside the tax jurisdiction. Case history: Oslo City Court no. 00-06195 A/98 – Borgarting Court of Appeal LB-2001-03061 A/01 – Supreme Court HR-2002-01508, civil appeal.

23 September 2003 Quarantine period upon bankruptcy.

Article 4(1) of Protocol 7 to the European Convention on Human Rights. Penal Code sections 255 and 256 The issue in the case was whether quarantine imposed pursuant to section 142 subsection 1 no. 1 of the Bankruptcy Act constitutes a bar against subsequent criminal prosecution based on the same factual circumstances that formed the basis for the quarantine order, cf. Article 4(1) of Protocol 7 to the European Convention on Human Rights. Case history: Sandefjord District Court – Agder Court of Appeal – Supreme Court HR-2003-00014, criminal interlocutory appeal.

23 September 2003 Quarantine period upon bankruptcy, double jeopardy.

Article 4(1) of Protocol 7 to the European Convention on Human Rights. Penal Code sections 255 and 256 One of the issues in the case was whether a criminal case should have been dismissed on the grounds that a quarantine order had already been made against the accused following his bankruptcy, see Article 4(1) of Protocol 7 to the European Convention on Human Rights. The second issue in the case concerned the application of law and the grounds of judgement in a conviction for gross embezzlement, cf. sections 255 and 256 of the Penal Code. Case history: Oslo City Court no. 99-10598 M/26 – Borgarting Court of Appeal LB-2001-03455 M/02 – Supreme Court HR-2003-00203, criminal appeal.

23 September 2003 Rape

The case concerns sentencing for rape, see section 192 subsection 1 and section 192 subsection 1 cf. subsection 2 a of the Penal Code. Case history: Eiker, Modum and Sigdal District Court no. 02-00292 M – Borgarting Court of Appeal LB-2002-03404 M/03 – Supreme Court HR-2003-00704, criminal appeal.

19 September 2003 Damages for non-economic loss.

Defamation. Article 10 of the European Convention on Human Rights. The Damages Act section 3-6 A petitioned for damages for non-economic loss pursuant to section 3-6 of the Damages Act against the television company TV 2, claiming that accusations of a defamatory nature had been made against him on the television news and on text-television on 9 December 1997, and in a report on the news on 10 December 1997. The accusations concerned A’s work for the Johan Jørgen Holst Memorial Trust. Case history: Oslo City Court no. 98-02286 A/23 – Borgarting Court of Appeal LB-2000-02981 A/02 and LB-2000-02982 A/02 – Supreme Court HR-2003-00233, civil appeal.

15 September 2003 Smuggling of cigarettes

The case concerns sentencing for a series of offences, of which by far the most serious was aiding and abetting breach of the customs legislation, more particularly the illegal import of a large quantity of cigarettes. Case history: Borgarting Court of Appeal LB-2002-02943 M/01 – Supreme Court HR-2003-00686, criminal appeal.

11 September 2003 Drugs – heroin

The case concerns sentencing for a series of offences, of which by far the most serious was aiding and abetting the acquisition and possession of approx 14 grams of heroin. The main issue was whether a community service order would be an appropriate sentence. Case history: Bergen City Court 01-02219 – Gulating Court of Appeal LG-2002-01657 – Supreme Court HR-2003-00387, criminal appeal.

11 September 2003 Sale of amphetamine

The case concerns sentencing following conviction for selling low grade amphetamine. Case history: Oslo City Court no. 02-02150 M/01 – Borgarting Court of Appeal LB-2002-02624 – Supreme Court HR-2003-00486, criminal appeal.

11 September 2003 Threats against the accused in a criminal case

The case concerns sentencing where the accused had made threats against a person who was accused in a criminal case, see section 132a subsection 1a of the Penal Code, cf. section 132a subsection 4, first sentencing alternative. Sarpsborg District Court no. 02-00944 M – Borgarting Court of Appeal LB-2002-00111 M/02 – Supreme Court HR-2003-00874, criminal appeal.

9 September 2003 Extension of lease

The issue in the case was whether the lessee could demand a 10-year extension of the ground lease of a commercial property on the site of the former Oslo airport. Asker and Bærum District Court no. 01-00201 – Borgarting Court of Appeal LB-2002-00307 A/02 – Supreme Court HR-2002-01684, civil appeal.

8 September 2003 Appreciation in value. Valuation of separate estate upon divorce

The case concerns a claim for compensation pursuant to section 73 of the Marriage Act, which gives a spouse who has contributed to the appreciation in value of the other spouses separate property a discretionary right to compensation. Agder Court of Appeal – Supreme Court HR-2003-00553, civil appeal.

1 September 2003 Sentencing. Drug offences

In a case concerning sentencing for possession of heroin, the main issue was the significance to be attached to the fact that the heroin was only very weak. Case history: HR 2003/581, criminal case.

1 July 2003 Mortification and damages, defamatory statement

The case concerns a petition for a declaration that a defamatory statement made in the Tønsberg Blad newspaper was null and void (petition for mortification), and for damages. Case history: Tønsberg District Court no. 00-01035 A – Agder Court of Appeal LA-2001-01546 M – Supreme Court HR-2002-00922, private criminal appeal.

1 July 2003 Use of force in the course of duty

The issue in the case was whether the force used by a police officer in the course of duty amounted to a criminal assault pursuant to section 228 of the Penal Code. Case history: Bergen City Court – Gulating Court of Appeal LG-2002-02428 M – Supreme Court HR-2003-00537, criminal appeal.

27 June 2003 Mortification and damages

The case concerns a petition for a declaration that a defamatory statement made in the Akershus Amtstidende newspaper was null and void (petition for mortification) and for damages. Case history: Ytre Follo District Court no. 99-00594 A – Borgarting Court of Appeal LB-2001-00157 M/02 – Supreme Court HR-2002-00801, private criminal appeal.

26 June 2003 Murder. Penal Code section 233 subsection 2

The issue on the case was whether a murder had been committed under especially aggravating circumstances, and the sentence to be imposed for the offence, see section 233 subsection 2 of the Penal Code. Case history: Borgarting Court of Appeal LB-2002-02172 M/03 – Supreme Court HR-2003-00375, criminal appeal.

26 June 2003 Confiscation. Penal Code section 34a

The case concerns extended confiscation pursuant to section 34a of the Penal Code. Case history: Hedemarken District Court no. 02-00588 M – Eidsivating Court of Appeal LE-2002-00848 M – Supreme Court HR-2003-00383, criminal appeal.

26 June 2003 Alcohol Act section 10-1, illegal manufacturing of spirits

The case concerns aiding and abetting the illegal manufacture of spirits, see section 10-1 subsection 2, cf. section 8-1 of the Alcohol Act. The appellant was acquitted. Case history: Nedre Romerike District Court no. 01-01731 – Eidsivating Court of Appeal LE-2002-0075+ M – Supreme Court HR-2003-00476, criminal appeal.

26 June 2003 Driving without licence. Community service

The case concerns sentencing for several counts of driving without a licence in circumstances where the driver had several previous convictions for similar offences, and, in particular, whether it was appropriate to make a community service order on account of the fact that the offender had made an extraordinarily positive development. Case history: Bergen City Court 02-1865 M/02 – Gulating Court of Appeal LG-2002-02099 M – Supreme Court HR-2003-00604, criminal appeal.

24 June 2003 Damages. Criminal Procedure Act section 459 (deferment of execution of custodial sente

The case concerns a claim for damages for mental injury suffered while serving a prison sentence. Oslo City Court no. 99-06381 A/21 – Borgarting Court of Appeal LB-2001-00877 A/03 – Supreme Court HR-2002-01149, civil appeal.

24 June 2003 Taxation Act of 1911 section 26

The issue in the case was whether a company was exempt from taxation pursuant to section 26 subsection 1k of the Taxation Act of 1911. Case history: Oslo City Court no. 00-04150 A/33 – Borgarting Court of Appeal LB-2001-02391 A/03 – Supreme Court HR-2002-01569, civil appeal.

24 June 2003 Penal Code sections 132a and 227. Threatening behaviour towards a witness

The case concerns sentencing for two incidents of serious threats against a witness in a criminal case, cf. sections 132a and 227 of the Penal Code. Case history: Oslo City Court no. 02-01670 M/64 – Borgarting Court of Appeal LB-2003-00401 M/01 – Supreme Court HR-2003-00500, criminal appeal.

24 June 2003 Sentencing for receiving stolen goods

The case concerns the sentencing of a person who had been convicted of receiving two slot-machines to be used in his business. The main issue in the case was whether the custodial sentence could be made conditional on the grounds that a long time had passed since the stolen goods had been received. Case history: Oslo City Court no. 02-00477 M/63 – Borgarting Court of Appeal LB-2002-03561 M/03 – Supreme Court HR-2003-00518, criminal appeal.

23 June 2003 Contempt of Court

The cases concerns sentencing for contempt of court where a witness failed to attend at a criminal trial, cf. sections 205 and 215 of the Courts of Justice Act. Case history: Borgarting Court of Appeal – Supreme Court HR-2002-01277, criminal interlocutory appeal.

23 June 2003 Contempt of court. Article 6 of the European Convention on Human Rights

The case concerns an interlocutory appeal against an order of the Court of Appeal imposing a fine for contempt of court for failure to attend as a witness at a criminal trial, see section 205 of the Courts of Justice Act. Pursuant to section 215 subsection 1 second sentence of the Courts of Justice Act, a fine may be imposed without the person in question being given the opportunity to express his views. The main question in the case was whether this represents a violation of Article 6 no. 1 cf. no. 3 of the European Convention on Human Rights. Case history: Gulating Court of Appeal – Supreme Court HR-2002-01285, criminal interlocutory appeal.

23 June 2003 Termination of co-ownership

The case concerns the termination of a co-ownership of property pursuant to section 15 of the Joint Property Act of 18 June 1965 no. 6. Case history: Kragerø District Court no. 00-00316 – Agder Court of Appeal LA-2001-01182 – Supreme Court HR-2002-01503, civil appeal.

23 June 2003 Domain name. Penal Code section 405a. Industrial espionage via e-mail address

An e-mail with an attachment that contained an assessment of potential strategies to protect the company against take-over bids was sent by mistake to the accused, who had a similar e-mail address to the intended recipient company. Case history: Stavanger City Court no. 00-01545 – Gulating Court of Appeal LG-2001-02269. LG-2001-02270 and LG-2001-02271 – Supreme Court HR-2003-00092, criminal appeal.

23 June 2003 Sentencing. Community service

The case concerns sentencing for aggravated fraud and serious breaches of the Alcohol Act and, in particular, whether it was appropriate to make a community service order. Case history: Jæren District Court no. 02-00105 – Gulating Court of Appeal LG-2002-01250 and LG-2002-01591 – Supreme Court HR-2003-00348, criminal appeal.

23 June 2003 Legal interest. Public demonstration “Stopp Regionalfelt Østlandet”

The issue in the case was whether a public pressure group organised to prevent the development of an area of land in the Østland area of Norway, had a sufficient connection to the subject matter in dispute and a sufficient interest in the outcome of the case to give it the right to petition for an injunction requiring that construction work on the land be suspended. Case history: Sør-Østerdal Court of Execution and Enforcement no. 02-00652 A – Eidsivating Court of Appeal LE-2002-00995 K – Supreme Court HR-2003-00372, civil interlocutory appeal.

23 June 2003 Compensation for permanent injury – sexual offences

The case concerns sentencing for offences in section 195 subsection 1 second sentencing alternative of the Penal Code (sexual assault involving intercourse with a minor below 14 years of age). The case also concerns the victim’s right to compensation for permanent injury caused by the assault, and the measure of such compensation. The offences were committed prior to the amendment of the Penal Code by the Amendment Act of 11 August 2000. Case history: Bergen City Court no. 02-00126 M/02 – Gulating Court of Appeal LG-2002-01520 – Supreme Court HR-2003-00428, criminal appeal.

20 June 2003 Weapons Act section 33 cf. section 27b

The case concerns sentencing for breach of section 33 subsection 1 second sentence and section 27b subsection 2 of the Weapons Act of 9 June 1961 no. 1, which prohibits the carrying weapons in a public place without due cause. Case history: Heggen and Frøland District Court no. 02-00508 M – Borgarting Court of Appeal LB-2003-00349 M/03 – Supreme Court HR-2003-00519, criminal appeal.

19 June 2003 Local development plan, responsibility for a footpath

The issue in the case was whether the developer of business premises could be required to finance a pedestrian and cycle path which was part of a general cycle path network connected to a state highway, as a condition for dispensation from a local development plan. Case history: Asker and Bærum District Court no. 00-1724 A – Borgarting Court of Appeal LB-2001-0173 A/01 and LB-2001-01734 A/01 – Supreme Court HR-2002-01238, civil appeal.

6 June 2003 Company law. Limited Companies Act. Damages

The case concerns a claim for damages by a company against its appointed auditor for failure to prevent or reduce loss caused by currency trading undertaken by the managing director, cf. section 15-2 of the Limited Companies Act of 1976 and section 14-1 of the Auditors Act 1964. The Supreme Court found that the auditor had not acted in breach of the requirements in section 10-7 subsection 1 of the Limited Companies Act of 1976. Case history: Oslo City Court no. 98-03054 – Borgarting Court of Appeal LB-2001-00335 A/03 – Supreme Court HR-2002-00275, civil appeal.

6 June 2003 Norway Seafoods Holding AS v SND Invest AS et. al.

The case concerns the principle for calculating the amount payable pr share where minority shareholders are forcibly bought out pursuant to the principles concerning compulsory redemption of minority shareholders in section 4-25 of the Public Limited Companies Act. The main question was whether the redemption price should be equivalent to the market value of the shares based on the figure quoted on the stock-exchange, possibly an estimated quotation price taking account of factors that may have influenced the quotation at the time of redemption, or whether it should be calculated on the basis of the true value of the shares so that the price payable for the shares reflects their relative proportion of the value of the underlying assets in the company. The case also raises the question whether the valuation may take account of information about the company that has become available after the resolution to forcibly redeem the minority shareholders has been passed, and which party shall bear the burden of risk in that event. Case history: Asker and Bærum District Court no. 99-02349 B – Borgarting Court of Appeal LB-2001-02351 B/01 – Supreme Court HR-2002-01347, civil appeal.

5 May 2003. Appeal against procedure. Criminal Procedure Act sections 342 and 343. Penal Code sectio

The Supreme Court allowed the appellant’s appeal against procedure on the grounds that the Court of Appeal’s judgment was not sufficiently reasoned, and both the judgment and the trial were quashed. The case relates to the standard of care that a spouse must exercise in his or her administration of monies obtained by the other spouse. Case history: Sunnmøre District Court no. 01-358 m - Frostating Court of Appeal no. LF-2001-01170 M – Supreme Court HR-2002-01105, criminal appeal.

5 May 2003. Robbery

The case concerns sentencing for robbery, see the Penal Code section 268 subsection 1 cf. section 267. Case history: Oslo City Court no. 2002-01690 M/44 - Borgarting Court of Appeal no. LB-2002-01810 A/03 – Supreme Court HR-2002-01521, criminal appeal.

5 May 2003. Damages. Motorcar Liability Act section 8

The case concerns a claim for damages pursuant to section 8 of the Motorcar Liability Act for physical damage to a police car which collided with a getaway car which stood almost still at the time of the collision. Case history: Oslo City Court no. 00-05870 A/68 - Borgarting Court of Appeal no. LB-2001-01739 A/03 – Supreme Court HR-2002-01594, civil appeal.

5 May 2003. Refusal to serve military service

The case concerns sentencing for refusal to serve military service, see the Military Penal Code section 35 subsection 1 first sentencing alternative. Case history: Hålogaland Court of Appeal no. LH-2001-00843 – Supreme Court HR-2002-01613, criminal appeal.

30 April 2003. Petition for the reopening of a case.

The case concerns a petition for the reopening of the Eidsivating Court of Appeal’s judgment of 25 March 1995, which determined a dispute concerning the validity of two probate agreements dated 5 March and 11 November 1983 between W S's heirs. The legal basis for the petition is section 407 subsection nos. 1 and 6 of the Civil Procedure Act. Case history: Oslo City Court no. 90-03400 - Borgarting Court of Appeal no. LB-1998-00686 A/02 – Supreme Court HR-2001-00876, civil interlocutory appeal.

30 April 2003. Sole shareowner who lived free of charge in a dwelling owned by the Company

The case concerns the tax assessment of a limited company that had allowed its sole shareowner and his family to live free of charge in a dwelling owned by the company. The relevant legislation was the former Taxation Act of 18 August 1911 no. 8 and the Company Taxation Act of 20 July 1991 no. 65. The primary issue in the case was whether section 54 subsection 1 of the Taxation Act can be applied simultaneously with section 42 subsection 1 third and fifth sentence. Case history: Gulating Court of Appeal – Supreme Court HR-2002-00728, civil appeal.

30 April 2003. Quashing of the judgment of the Court of Appeal. Criminal Procedure Act section 343 s

The Court of Appeal had allowed the submission of evidence of a conversation between two police officers and the accused immediately after the accused had been detained, and prior to him being notified of his procedural rights. The issue in the case was whether this was a procedural error that had affected the substance of the judgment and which must result in the Court of Appeal’s judgment being quashed pursuant to the Criminal Procedure Act section 343 subsection 1. Case history: Bergen City Court no. 01-02814 - Gulating Court of Appeal no. LG-2002-00463 A – Supreme Court HR-2002-01547, criminal appeal.

29 April 2003. Reappraisal. Closing of level crossing

The case concerns an appeal against a reappraisal and, in particular, damages for inconvenience caused by the closure of three level crossings over the southern railway line in Kongsberg local authority. Case history: Kongsberg District Court no. 01-00042 B – Borgarting Court of Appeal no. LB-2001-002598 B/03 – Supreme Court HR-2002-00983, civil appeal.

29 April 2003. Remuneration for a patentable invention. Taxation

The issue in the case was whether remuneration for a patentable invention that was paid to an employee pursuant to an agreement with his employer, is taxable as a benefit gained through work or as capital pursuant to the Taxation Act of 1911 section 42 subsection 1. Case history: Trondheim City Court no. 01-01189 A - Frostating Court of Appeal no. LF-2002-00191 A – Supreme Court HR-2002-01474, civil appeal.

29 April 2003. Discontinuance of proceedings. Criminal Procedure Act section 378 subsection 2

The case concerns conditions for the discontinuance of appeal proceedings before the Court of Appeal, see section 378 subsection 2 of the Criminal Procedure Act, hereunder the question as to when in the proceedings such an order can be made. Case history: Stavanger City Court - Gulating Court of Appeal no. LG-2001-00211 A – Supreme Court HR-2002-01502, civil appeal.

25 April 2003. Compensation for the cancellation of an order for a prefabricated house

The case concerns a claim for compensation for loss of profit upon the cancellation of an order for the construction of a prefabricated house, see the Housing Construction Act section 52 subsection 3. Case history: Asker and Bærum District Court no. 00-00703 A/01 - Borgarting Court of Appeal no. LB-2001-02006 A/03 – Supreme Court HR-2002-01028, civil appeal.

25 April 2003. Rape. Sentencing. Penal Code section 192 subsection 1 litra b

The case concerns sentencing for rape, cf. section 192 subsection 1 litra b of the Penal Code. Case history: Fredrikstad District Court no. 01-01113 M - Borgarting Court of Appeal no. LH-2002-00905 M/03 – Supreme Court HR-2002-01490, criminal appeal.

25 April 2003. Sentencing. Rape

The case concerns sentencing for rape including sexual intercourse, cf. section 192 subsection 1 litra a of the Penal Code. Case history: Jæren District Court no. 02-00158 M - Gulating Court of Appeal no. LG-2002-01628 M – Supreme Court HR-2002-01599, criminal appeal.

24 April 2003. Sentencing. Receiving the proceeds of a criminal act

The case concerns sentencing for an aggravated offence of receiving the proceeds of a criminal act in connection with the transport of a stolen car. Case history: Tana and Varanger District Court - Hålogaland Court of Appeal no. LH-2002-01074 – Supreme Court HR-2003-00154, criminal appeal.

9 April 2003. Sexual assault. Sentencing

A 30 year old man who had abused a relationship of trust that he had built up as a handball trainer to obtain sexual intercourse with three girls between 14 and 16 years of age, was sentenced to one years’ unconditional imprisonment. Case history: Hedemarken District Court no. 01-01468 M - Eidsivating Court of Appeal no. LE-2002-00444 M – Supreme Court HR-2002-01638, criminal appeal.

9 April 2003. Sentencing. Speeding with a motorcycle

The case concerns sentencing for gross breach of the speed limit with a motorcycle and, in particular, whether a community service order should be imposed due to the age of the convicted person. Case history: Trondenes District Court no. 02-00020 - Hålogaland Court of Appeal no. LH-2002-00690 –Supreme Court HR-2002-01689, criminal appeal.

4 April 2003. Right of access/contact

The case concerns the right of access/contact with a child pursuant to the Child Welfare Act section 4-19 and section 4-1. Case history: Tana and Varanger District Court no. 00-00483 - Hålogaland Court of Appeal no. LH-2001-00336 – Supreme Court HR-2002-00548, civil appeal.

4 April 2003. Compensation case. Collision between an 11 year old cyclist and a pedestrian

The case concerns an insurance settlement following a collision between a cyclist and a pedestrian. The issue before the Supreme Court was whether an 11 year old school pupil had acted without due care and attention and was liable in damages pursuant to section 1-1 of the Damages Act when he collided with a pedestrian whilst cycling to school. Case history: Indre Sogn District Court no. 2000-00180 – Gulating Court of Appeal no. LG-2001-00677 – Supreme Court HR-2002-00912, civil appeal.

4 April 2003. Equality in age and development. Sexual intercourse with a nearly 14 year old girl.

A was convicted for breach of section 195 subsection 1 of the Penal Code for having had sexual intercourse with a girl aged 13 years and 8 months. At the time of the offence A was 16 years and 6 months old. The issue before the Supreme Court was whether the parties were about equal in age and development, in which case the penalty could be remitted, see section 195 subsection 4 of the Penal Code. Case history: Trondheim City Court no. 01-00976 M – Frostating Court of Appeal no. LF-2002-00581 M Supreme Court HR-2002-01500, criminal appeal.

4 April 2003. Loss of office. Penal Code section 29 no. 1

The issue in the case was whether a teacher who had been convicted of sexual assault of a pupil less than 16 years of age should be removed from office pursuant to section 29 no. 1 of the Penal Code. Case history: Gulating Court of Appeal - Supreme Court HR-2002-01660, criminal appeal.

2 April 2003. Drugs. Sentencing. Penal Code section 162

The case concerns sentencing for the importation of approximately 28.000 Rohypnol tablets. Case history: Borgarting Court of Appeal - Supreme Court HR-2003-00083, criminal appeal

2 April 2003. Steering a ship whilst intoxicated. Loss of office

The question before the Supreme Court was whether the convicted person should be deprived of the right to hold office pursuant to section 29 no. 2 of the Penal Code as punishment for, inter alia, steering a ship whilst intoxicated, see section 422 subsection 2 of the Penal Code. Case history: Hammerfest District Court no. 02-00193 - Hålogaland Court of Appeal no. LH-2002-00928 – Supreme Court HR-2003-00118, criminal appeal.

1 April 2003. Claim for compensation against a bond broker

The case concerns a claim for compensation against a bond broker for losses suffered by a client in connection with transactions on the bond market. A principal issue in the case is the bond broker’s duty to provide information and advice on the risks involved with such transactions. Securities Trading Act (1985) section 18. Securities Trading Act (1997) section 9-2. Damages Act section 5-1. Case history: Oslo City Court no. 98-04558 - Borgarting Court of Appeal no. LB-2000-03131 A/01 – Supreme Court HR-2002-00443, civil appeal.

1 April 2003. Quarantine in connection with bankruptcy

The case, which was presented in writing, concerns quarantine in connection with bankruptcy. Case history: Nord-Troms Probate Court no. 00-00211 - Hålogaland Court of Appeal no. LH-2001-00148 – Supreme Court HR-2002-00849, civil interlocutory order.

27 March 2003. Price reduction. Damage to roof terrace

The case concerns a claim for a price reduction in connection with the purchase of an apartment in a housing corporation due to damage to a roof terrace etc. Case history: Bergen City Court no. 2000-00439 - Gulating Court of Appeal no. LG-2001-00797 A/01 – Supreme Court HR-2002-01060, civil appeal.

27 March 2003. Sobriety Act section 17, Penal Code section 229 first sentencing alternative, ECHR Pr

The issue in the case was whether a summary fine that had been accepted for breach of the Sobriety Act section 17 is a barr to subsequent criminal proceedings for breach of section 229 first sentencing alternative of the Penal Code (assault) for the same act, cf. Article 4 no. 1 of Protocol 7 to the European Convention on Human Rights. Case history: Nord-Troms District Court no. 01-02208 - Hålogaland Court of Appeal no. LH-2002-00409 – Supreme Court HR-2002-01258, criminal appeal.

21 March 2003. Tax Assessment Act, Criminal Procedure Act section 392 subsection 1. Plenary decision

The case concerns a petition for the reopening of the Supreme Court’s order of 16 March 1998 (Rt 1998 442), by which the Supreme Court had rejected the petitioner’s appeal against sentence laid down by the Borgarting Court of Appeal in its judgment of 13 October 1997 (LB-1997-00360). The Court of Appeal had upheld a three year prison sentence imposed by the Fredrikstad District Court for breach of the Tax Assessment Act section 12-1, the Tax Assessment Act section 12-1, cf. section 12-2 and 12-4 and the Tax Assessment Act section 12-1, cf. section 12-2, cf. section 4-2, cf. section 4-7. Case history: Supreme Court HR-2002-00769, criminal appeal, petition for reopening. (Former cases: Fredrikstad District Court - Borgarting Court of Appeal LB-1997-00360 – Supreme Court Rt 1998 442).

21 March 2003. Deportation from Norway. The Aliens Act sections 29 and 30

The case concerns the validity of a deportation order pursuant to the Aliens Act sections 29 and 30 that was made in 1994 but had not been carried out, including the question of whether the order was contrary to Article 3 of the European Convention on Human Rights (Human Rights Act). Case history: Oslo City Court no. 00-05049 A/21 - Borgarting Court of Appeal no. LB-2001-02971 A/02 – Supreme Court HR-2002-00854, civil appeal

19 March 2003. Judgment in default. Civil Procedure Act section 340 subsection 2, cf. section 344 su

The case concerns an appeal against a judgment in default and the question whether the appellant had been absent without due cause. Case history: Bergen City Court - Gulating Court of Appeal – Supreme Court HR-2001-01165, civil appeal.

18 March 2003. Damages. Causation. Measure of damage

The case concerns a claim for damages following a traffic accident where a diver suffered an injury to his shoulder, and raises questions concerning adequate causation and the measure of damage. With regard to the measure of damage, the issues related in particular to the period to be covered, the annual loss and reductions in the insurance company’s liability, see the Damages Act section 5-2. Case history: Oslo City Court no. 98-07702 A/51 – Borgarting Court of Appeal no. LB-2001 - 00262 A/02 - Supreme Court HR-2002-00720, civil appeal.

18 March 2003. Aiding and abetting aggravated robbery. Penal Code section 267

The case concerns an appeal against the application of law following a conviction for aiding and abetting aggravated robbery. Case history: Hallingdal District Court no. 02-00071 M - Borgarting Court of Appeal no. LB-2002-01705 – Supreme Court HR-2002-01691, criminal appeal.

11 March 2003. Imposition of protective custody. Penal Code section 233, section 39e

The case concerns the imposition of protective custody for murder and the deduction to be made on account of time spent on remand. Case history: Nordmøre District Court no. 00-718 - Frostating Court of Appeal no. LF-2002-00146 – Supreme Court HR-2002-01057, criminal appeal.

11 March 2003. Robbery. Sentencing. Penal Code section 267, cf. section 268 subsection 2

The case concerns sentencing for aggravated robbery perpetrated against an elderly couple, and in particular the issue of rehabilitation. Case history: Ryfylke District Court - Gulating Court of Appeal – Supreme Court HR-2002-02350, criminal appeal.

11 March 2003. Negligent fraud

The case concerns sentencing for gross negligent fraud perpetrated against the social security authorities. Case history: Tønsberg District Court no. 02-00129 – Agder Court of Appeal no. LA-2002-00656 – Supreme Court HR-2002-01431, criminal appeal.

11 March 2003. Breach of injunction

The case concerns sentencing for breach of an injunction pursuant to the Criminal Procedure Act section 222a prohibiting the convicted person from visiting another person, and the formulation of the conditions to be attached to a partially deferred sentence pursuant to section 53 no. 3 of the Penal Code. Case history: Hedemarken District Court no. 02-00177 - Eidsivating Court of Appeal no. LE-2002-00483 – Supreme Court HR-2002-01447, criminal appeal.

11 March 2003. Constitution of the Court of Appeal. Criminal Procedure Act section 356

The issue in the case was whether it was erroneous that deputies had participated in the drawing of lots pursuant to the Criminal Procedure Act section 356 subsection 3 concerning the constitution of the jury, and the consequences of such error. Case history: Stjør- and Verdal District Court no. 01-1034 m – Frostating Court of Appeal no. LF-2002-00347 M – Supreme Court HR-2002-01609, criminal appeal.

4 March 2003. Contract law. The Building Section Act sections 19 and 22

The case concerns the lawfulness of a contract term upon the sale of an ownership section in an housing corporation to the effect that further sale could only take place to adults without cohabiting children. Case history: Holmestrand District Court no. 00-00096 - Agder Court of Appeal no. LA-2001-00744 A – Supreme Court HR-2002-00652, civil appeal.

4 March 2003. Taxation Act of 1911 section 53 subsection 1 fourth sentence

The case concerns whether a property company was entitled to a tax rebate for former losses accrued in the course of business, more particularly whether the entitlement had lapsed due to the fact that the tax subject had ceased trading, see the Taxation Act of 1911 section 53 subsection 1 fourth sentence. Case history: Bergen City Court no. 01-0517 - Gulating Court of Appeal LG-2001-02175 A/01 – Supreme Court HR-2002-00879, civil appeal.

28 February 2003. Exclusion of right to unemployment benefit

The National Insurance Authorities had passed an administrative order excluding a person from claiming employment benefits pursuant to Chapter 4 of the National Insurance Act. The issue in the case was whether this was a bar to the subsequent instigation of criminal proceeding founded on the same circumstances upon which the exclusion was based, see the non bis in idem principle in Article 4(1) of Protocol 7 to the European Convention on Human Rights. Employment Act of 27 June 1947 no 9 section 36, Penal Code section 270 (fraud). Case history: Oslo City Court - Borgarting Court of Appeal– Supreme Court HR-2002-01024, criminal interlocutory appeal.

28 February 2003. Sentencing. Abusing former spouse, threats to witnesses, sexual assault of a minor

The case concerned sentencing of a man who was convicted of abusing his former spouse in several ways, indecently assaulting a 14-year-old girl, and issuing threats against witnesses. See the Penal Code section 132a, section 195 (sexual assault of a minor below 14 years of age). Case history: Ofoton District Court no. 00417/00358 – Hålogaland Court of Appeal LH-2002-00195 – Supreme Court HR-2002-01533, criminal appeal.

20 February 2003. Sentencing for murder with intent

The case concerns sentencing for murder with intent and, in that connection, whether the offence was committed under especially aggravating circumstances, cf. section 233 subsection 2 of the Penal Code. Case history: Larvik District Court no. 01-00632 – Agder Court of Appeal LA-2002-00334 M – Supreme Court HR-2002-01280, criminal appeal.

19 February 2003. Timber transport scheme. Waterway Regulation Act section19.

The case concerns a claim for the repeal of timber transport schemes that were established when a power station pursuant to a regulation plan took over all of the water in a waterway. Case history: Nedre Telemark District Court no. 00632 – Agder Court of Appeal LA-2002-00334 M – Supreme Court HR-2002-01280, criminal appeal.

19 February 2003. Insurance fraud. Sentencing

The case concerned sentencing for insurance fraud, contrary to the Penal Code section 272 subsections 1 and 3 (insurance fraud and complicity), section 171 no. 1 (false reporting of an offence to the authorities). The issue in the case was whether a community service order should be made, see section 28a of the Penal Code. Case history: Hedemarken Court of Examination and Summary Jurisdiction no. 02-00459 M – Eidsivating Court of Appeal LE-2002-00493 M – Supreme Court HR-2002-01410, criminal appeal.

14 February 2003. Sentencing. Sexual assault

The case concerns sentencing in a case where a clergyman was convicted of sexual assault of his three young daughters, and for having abused his position as spiritual advisor to procure sexual intercourse with a woman. See the Penal Code section 195 subsection 1 first sentencing alternative (sexual assault with a minor below 14 years of age), section 195 subsection 1 first sentencing alternative cf. subsection 2 (sexual assault with a minor below 14 years of age under grievous circumstances), section 207 subsection 1 first sentencing alternative (incestuous sexual assault) and section 198 (sexual assault involving abuse of position). Case history: Frostating Court of Appeal – Supreme Court HR-2002-00629, criminal appeal.

14 February 2003. Criminal Procedure Act section 119

During a police investigation against her partner, the victim of an offence had consented to the police obtaining a medical opinion from her doctor. Consent was withdrawn prior to the trial. The issue in the case was whether the medical opinion could still be submitted as evidence, despite the provisions of section 119 of the Criminal Procedure Act which requires consent. Case history: Oslo City Court no. 01-09612 M/67 – Borgarting Court of Appeal LB-200 00342 M/01 – Supreme Court HR-2002-01387, criminal appeal.

12 February 2003. Testamentary witnesses employed by the beneficiary – competence. Inheritance Act s

The case concerns whether two witnesses to a will were in the service of a beneficiary under the will and thereby disqualified pursuant to section 61 subsection 2 of the Inheritance Act. Case history: Hadeland and Land Probate Court no. 01-00152 A – Eidsivating Court of Appeal LE-2++1-00675 A – Supreme Court HR-2002-00458, civil appeal.

12 February 2003. Testamentary witness – competence. Inheritance Act section 61 subsection 2

The case concerned whether a person is disqualified from witnessing a will on the grounds that he or she is employed in the limited company of which the beneficiaries under the will are virtually the sole shareholders and are also the managing director and member of the board, see the Inheritance Act section 61 subsection 2. Case history: Bergen Probate Court – Gulating Court of Appeal – Supreme Court HR-2002-00485, civil appeal.

12 February 2003. Sentencing. Drugs

The case concerns sentencing for aggravated drug offences and the question of the imposition of a community service order, see section 162 subsections 1 and 2 cf. section 28a of the Penal Code. Case history: Bergen Court of Examination and Summary Jurisdiction no 01-02804 F/01 F – Gulating Court of Appeal LG-2002-00091 – Supreme Court HR-2002-00737, criminal appeal.

11 February 2003. Competence/disqualification. Reopening of a criminal case. The Courts of Justice A

The case of A v. The Public Prosecutor, which is to be heard by the Supreme Court sitting in plenary, raises questions concerning the competence of five judges to hear the case. Case history: Supreme Court HR-2002-00769, criminal case, petition for reopening.

11 February 2003. Sentencing. Rape. Penal Code section 192 subsection 1

The case concerned sentencing for the rape of a prostitute. Case history: Oslo City Court no2002-00554 M/38 – Borgarting Court of Appeal LB-2002-01010 M/01 – Supreme Court HR-2002-01496, criminal appeal.

7 February 2003. Review of a tax assessment

The case concerned the review of a tax assessment for 1993 for Norsk Hydro ASA and Norsk Hydro Produksjon AS in relation to a group contribution from the parent (Norsk Hydro ASA) to its wholly owned subsidiary (Norsk Hydro Produksjon AS). The issue in the case was whether the subsidy falls within the definition of net income in section 45 subsection 3 of the Taxation Act of 1911, and therefore must be entered as income in the hands of the recipient before general costs, net finance costs and deficit are distributed/divided. Alternatively, the subsidy must be allocated to the recipient after such distribution. Case history: Oslo City Court no 96-4534 A/64 and 96-6652 A/64 – Borgarting Court of Appeal LB-2000-03351 A/02 and LB-2000-03352 A/02 – Supreme Court HR-2002-00134, civil appeal.

6 February 2003. Water and sewage rates

The case concerned a claim for the repayment of water and sewage rates for 1996, 1997 and 1998. The Stavanger Local Authority imposed an area-dependant minimum water and sewage rate on commercial properties with water-meters installed. The issue was whether there was authority for this minimum rate in the Water and Sewage Rates Act of 31 May 1974 no 17 and regulations laid down pursuant to the Act. Case history: Gulating Court of Appeal – Supreme Court HR-2002-00525, civil appeal.

6 February 2003. Sentencing for smuggling of humans. The Foreign Citizens Act section 47, Penal Code

The case concerned sentencing for organised smuggling of humans. Case history: Eidsvoll District Court no 01-00551 M – Eidsivating Court of Appeal LE-2002-00115 M – Supreme Court HR-2002-01290, criminal appeal.

3 February 2003. Contract law. Purchase of real property. Limitation

The issue in the case was whether a binding contract for the sale of a plot of land had been entered into and, if so, whether the purchaser’s claim for the plot was statute barred. Case history: Sunnhordaland District Court 1999-00035 – Gulating Court of Appeal LG-2000-02250 – Supreme Court HR-2002-00488, civil appeal.

30 January 2003. Contract law. Debt collection. Damages

The issue in the case was whether a debt collection agency had a claim in contract against a bank that had taken back a debt collection portfolio that the debt collection agency had been dealing with pursuant to an agreement for the supervision of irrecoverable claims. Case history: Bergen City Court 1998-03280 – Gulating Court of Appeal LG-2000-00725 A – Supreme Court HR-2001-01600, civil appeal.

30 January 2003. Revocation of gift, public probate proceedings in relation to an undivided estate.

The issue in the case was whether a claim for the revocation of a gift submitted in a petition for public probate proceedings in relation to an undivided estate had the effect of interrupting the time limit, see section 19 subsection 3, third sentence of the Inheritance act. The case also raised the question whether the petition in fact contained such a claim. Case history: Asker and Bærum District Court no 99-2350 A/01 – Borgarting Court of Appeal LB-2001-01286 A/02 – Supreme Court HR-2002-00162, civil appeal.

28 January 2003. Drug offence. Penal Code section 162, subsections 1 and 2

The case concerns sentencing for procurement and storage of approx. 88 grams of heroin. The case involved two convicted persons whose cases had been joined for common trial and adjudication. Case history: Trondheim City Court no 01-01727 M and 01-01729 M – Frostating Court of Appeal LF-2002-00341 M and LF-2002-00342 M – Supreme Court HR-2002-01171 and HR-2002-01172, criminal appeals.

28 January 2003. Shop theft and fraud. Community service. Penal Code sections 257 and 270

The cases concerns an appeal against sentence, more particularly whether a conditional sentence or a community service order should be imposed for shop theft (Penal Code section 257) and fraud (Penal Code section 270) perpetrated in connection with cash payment for goods. Case history: Hallingdal District Court no 01-00059 M – Borgarting Court of Appeal LB-2002-00293 M/03 – Supreme Court HR-2002-01202, criminal appeal.

28 January 2003. Prohibition against carrying a weapon. The Weapons Act section 27b

The case concerns sentencing for breach of section 27b subsection 2 of the Weapons Act, which prohibits the carrying of weapons in a public place without due cause. Case history: Oslo City Court 01-03415 M/01 – Borgarting Court of Appeal LB-2001-03371 M/01 – Supreme Court HR-2002-01214, criminal appeal.

28 January 2003. Sexual intercourse with two girls below the age of consent. Penal Code sections 195

The case concerns sentencing for offences contrary to the Penal Code section s 195 subsection 1, second sentencing alternative (sexual assault involving intercourse with a minor below 14 years of age), and section 196 subsection 1 (sexual assault of a minor below 16 years of age). A 25-year-old man had sexual intercourse with two girls aged 12 years and 11 months, and 15 years and 8 months respectively. Case history: Sand District Court no 01-00470 – Agder Court of Appeal LA-2002-00254 – Supreme Court HR-2002-01261, criminal appeal.

28 January 2003. Child pornography. Penal Code section 211 subsection 1

The case concerns sentencing for the possession and distribution of child pornography. Case history: Midhordland Court of Examination and Summary Jurisdiction – Gulating Court of Appeal LG-2002-00322 M – Supreme Court HR-2002-01353, criminal appeal.

23 January 2003. Calculation of gain upon the sale of shares

The case concerns the calculation of gain upon the sale of an entire shareholding in 1997, where the shares were acquired partly before the former Company Taxation Act of 20 July 1991 entered into force on 1 January 1992, and partly following a new share issue after this date. The case raises questions concerning the calculation of the input value and the interpretation of the loss limitation rule in section 10-2 no 4 subsection 4 of the former Act, which has now been replaced by section 19-2 subsection 2 litra a of the Taxation Act of 26 March 1999 no 14. Supreme Court HR-2001-01556, civil appeal.

23 January 2003. Insurance. Inheritance. Insurance Contract Act section 15-1

The issue in the case was whether savings in an account with the Gjensidig NOR Savings Insurance shall be deemed to be an “insurance sum” that accrues to the deceased insured’s spouse pursuant to section 15-1 subsection 2 of the Insurance Contract Act, or whether it forms part of the deceased’s estate to be divided between the statutory heirs. Case history Oslo City Court no 99-9550 A/47 – Borgarting Court of Appeal LB-2000-03470 A/03 - Supreme Court HR-2002-00573, civil appeal.

23 January 2003. Unlawful hunting. The Game Act section 19

The case concerns an appeal against the application of law in relation to the issue of guilt in a conviction pursuant to section 56 cf. subsection 19 of the Game Act. The case also concerns sentencing for this offence and for unlawful trapping outside the hunting season and the unlawful use and inadequate marking of a trap for hunting lynx. Case history: Tinn and Heddal District Court no. 01-00334 – Agder Court of Appeal LA-2002-00357 – Supreme Court HR-2002-00964, criminal appeal.

16 January 2003. Drug offence. Penal Code section162

The case concerns sentencing where the most serious offence was storage and attempted import of approx. 23.8 kg amphetamine, or aiding and abetting such offence. One of the main questions in the case is the relevance of the fact that it had taken a long time to bring the case to trial. Case history: Oslo District Court no. 97-10754 M – Borgarting Court of Appeal LB-2001-00817 M/03 – Supreme Court HR-2002-00304, criminal appeal.

16 January 2003. Former National Insurance Act section 16-3, current National Insurance Act section

The issue in the case was whether the employer’s tax contribution is payable on contributions to a collective pension scheme. The pension contributions were paid between 1990 and 1994, but related to a deficit that had accrued before the rules on imposition of employer’s tax contribution entered into force on 1 January 1988. Case history: Fredrikstad District Court no 00-00622 – Borgarting Court of Appeal LB-2001-01233 A/01 – Supreme Court HR-2002-00620, civil appeal.

14 January 2003. Parental responsibility. The Children Act

Case history: Halden District Court no. 97-00579 A – Borgarting Court of Appeal LB-198-02665 A/01 – Supreme Court HR-2002-00634, civil appeal

14 January 2003. Drink-driving. Penal Code section 260. Road Traffic Act section 31 cf. section 22

The case concerns sentencing for drink-driving and unlawful use of a motor vehicle. Case history: Borgarting Court of Appeal – Supreme Court HR-2002-01062, criminal appeal

10 January 2003. Requirement of proof, criminal liability. Penal Code section 44

The issue in the case was whether the requirement of proof of whether the accused was criminally responsible for his actions when the criminal act was perpetrated had been set too low. Case history: Sand District Court no. 01-00278 – Agder Court of Appeal LA-2001-01775 – Supreme Court HR-2002-00742, criminal appeal.

9 January 2003. Leave to appeal denied. Criminal Procedure Act section 321

The case concerns an interlocutory appeal against a decision of the Court of Appeal denying leave to appeal pursuant to section 321 subsection 2 second sentence of the Criminal Procedure Act. Case history: Sand District Court – Agder Court of Appeal – Supreme Court HR-2002-01282, criminal appeal.

20 December 2002. Sentencing. Attempted arson at Bergen Wharf

The case concerned sentencing for attempted criminal damage (serious vandalism) where the convicted person had attempted to set fire to Bergen Wharf, cf. sections 291, 292 and 49 of the Penal Code. Case history: Bergen City Court 2001-266 M/02 – Gulating Court of Appeal LG-2001-01527 M/01 – Supreme Court HR-2002-00222, criminal appeal.

20 December 2002. Triple murder (Orderud case). Penal Code sections 233 and 227

The case concerned an appeal against the application of law in the determination of the question of guilt made by one of the persons convicted of triple premeditated aiding and abetting murder. Case history: Nes District Court: TNES-2001-00051 – Eidsivating Court of Appeal LE-2001-00666 – Supreme Court HR-2002-00892, criminal appeal.

20 December 2002. Employment Act section 85 and Penal Code section 48a

The case concerned the application of corporate criminal liability in circumstances where a shop had changed ownership. Case history: Oslo City Court no 00-7875 M/42 – Borgarting Court of Appeal LB-2002-00016 M/02 – Supreme Court HR-2002-00968, criminal appeal.

19 December 2002. Value added tax on a foreign-registered aircraft. Value Added Tax Act section 16 s

The cases concerned the validity of a decision of the Oslo and Rogaland County Tax Office rejecting an application for exemption from value added tax for a foreign-registered aircraft. The issue in the case was whether value added tax was payable on the trade of goods and services to such aircraft in domestic trade, or whether such trade was tax-exempt pursuant to section 16 subsection 1 no 1 d of the Value Added Tax, as applicable prior to a statutory amendment of 17 December 1999 no 88. Case history: Oslo City Court no 00-00474 A/20 – Borgarting Court of Appeal LB-2001-00539 A/03 – Supreme Court HR-2002-00552, civil appeal.

19 December 2002. Sentencing, rape, sexual intercourse. Penal Code section 192

The case concerned sentencing for two counts of rape, one including sexual intercourse. Case history: Fosen District Court no 01-00148 M – Frostating Court of Appeal LF-2001-01214 M – Supreme Court HR-2002-00924, criminal appeal.

19 December 2002. Duty to give way at a traffic roundabout. Road Traffic Act section 31 and section

The case concerned the provisions relating to the duty to give way at a traffic roundabout. Case history: Oslo City Court no 01-00478 M/63 – Borgarting Court of Appeal LB-2001-03449 M/01 – Supreme Court HR-2002-01023, criminal appeal.

19 December 2002. Unlawful imprisonment

The case concerned the interpretation of the term “deprive another person of his liberty” in section 223 of the Penal Code, and sentencing for unlawful imprisonment. Case history: Skien and Porsgrunn District Court no 02-00060 – Agder Court of Appeal LA-2002-00565 – Supreme Court HR-2002-01230, criminal appeal.

18 December 2002. Protective custody. Penal Code section 39c

The case concerned protective custody pursuant to section 39c no 1 of the Penal Code. Case history: Eiker, Modum and Sigdal District Court – Agder Court of Appeal LA-2001-00479 M – Supreme Court HR-2002-00607, criminal appeal.

18 December 2002. Protective custody. Attempted murder

The issue in the case was whether it was appropriate to issue an order for protective custody and, if so, the timeframe and minimum period to be imposed. The conviction in question included, inter alia, two counts of attempted premeditated murder and one count of attempted murder with intent. Case history: Oslo City Court 01-01161 M/42 – Borgarting Court of Appeal LB-2001-02513 M/01 – Supreme Court HR-2002-00663, criminal appeal.

18 December 2002. Conversion of preventive detention to protective custody

The cases concerned the conversion of an order for preventive detention (“sikring”) to protective custody (“forvaring”). Case history: Stavanger District Court – Gulating Court of Appeal LG-2001-00366 M - Supreme Court HR-2002-00668, criminal appeal.

18 December 2002. Protective custody in continuance of preventive detention. Bodily ham and threats

The case concerned the use of protective custody (“forvaring”) in direct continuation of an order for preventive detention (“sikring”) imposed pursuant to the now-repealed provisions of the Penal Code, cf. the Amendment Act of 17 January 1997 no. 11 II point 3. The order was made on the basis of a conviction for bodily harm and threats made to the convicted person’s cohabitee. Case history: Sand District Court no 02-00061 – Agder Court of Appeal LA-2002-00857 – Supreme Court HR-2002-00915, criminal appeal.

17 December 2002. Racist remarks. Penal Code section 135a. Plenary decision

The issue in the case was whether derogatory remarks concerning immigrants and Jews that were made during a neo-Nazi demonstration in Askim in August 2000, were in breach of section 135a of the Penal Code. Case history: Halden District Court no 00-00823 M – Borgarting Court of Appeal LB-2001-01427 M/01 – Supreme Court HR-2001-01428, criminal appeal.

17 December 2002. Labour law. Right to interlocutory appeal

The case concerned an interlocutory appeal against the decision of the Labour Court to hear a case brought by the Confederation of Norwegian Business and Industry (NHO) against the Confederation of Vocational Unions (YS), purporting that YS was obliged to remove a trade union representative from office pursuant to section 6-10 of the Main Collective Bargaining Agreement between the two organisations. The background for the case was that Oddleiv Tønnesen, who was appointed trade union representative according to the Main Agreement at Eurest Support Services, a catering services company, had committed a serious breach of his duties as trade union representative. Case history: Norwegian Labour Court ARD 2001 357 – Supreme Court HR-2001-01597, civil interlocutory appeal.

17 December 2002. Mental health care. Mental Health Act sections 3-3 and 2-3

The case concerned an application for discharge from compulsory mental health care. Case history: Oslo City Court no 01-0763 A/47 – Borgarting Court of Appeal LB-2001-03398 A/01 – Supreme Court HR-2002-00499, civil appeal.

10 December 2002. Sentencing. Relevance of admission

The case concerned the relevance of an admission in sentencing, cf. section 59 subsection 2 of the Penal Code. Case history: Oslo Court of Examination and Summary Jurisdiction no. 01-10992 F/95 – Borgarting Court of Appeal LB-2002-00420 M/03 – Supreme Court HR-2002-00840, criminal appeal.

10 December 2002. The Marriage Act section 59. Unequal division of marital estate

One of the spouses had a debt as a consequence of the purchase of assets prior to the marriage. The main issue in the case was how this debt should be dealt with in calculating the amount to be withheld from the estate that was to be divided equally between the spouses, cf. the provisions relating to the unequal division of the marital estate in section 59 subsection 1 of the Marriage Act. Case history: Bergen District Court 2001-00489 – Gulating Court of Appeal LG-2001-01778 – Supreme Court HR-2002-01008, civil appeal.

9 December 2002. Duty to maintain collection pension insurance

The case concerned whether a company was obliged to maintain a collective pension insurance. Case history: Trondheim City Court no 00-00641 A and 00-01859 A – Frostating Court of Appeal LF-2001-00366 A and LF-2001-00369 A – Supreme Court HR-2002-00200, civil appeal.

6 December 2002. Video surveillance of employees

The issue in the case was whether video surveillance of employees is punishable pursuant to section 390 b of the Penal Code, which has now been repealed. Case history: Gulating Court of Appeal – Supreme Court HR-2002-00553, criminal appeal.

3 December 2002. Fatal accident – reversing. Penal Code section 239, Road Traffic Act section 31

The case concerned a fatal accident caused by a lorry when reversing. Case history: Frostating Court of Appeal- Supreme Court HR-2002-00880, criminal appeal.

27 November 2002. Insurance Contract Act section 4-14

The case concerned a claim for damages pursuant to a car insurance policy where a car was reported stolen. The main issue before the Supreme Court was whether the provisions of section 4-14 of the Insurance Contract Act, which require an insurance company to notify the insured if it intends to deny liability or is entitled to terminate the insurance, also apply if the insurance company denies the claim on the grounds that the insurance event has not taken place. Case history: Oslo City Court no 00-01601 A/78 – Borgarting Court of Appeal LB-2000-03407 A/03 – Supreme Court HR-2002-00087, civil appeal.

27 November 2002. Murder with intent. Sentencing

The case concerned sentencing for murder with intent. One of the questions in the case was whether the murder was committed in “justifiable anger”, cf. section 56 no 1 b of the Penal Code, which would entitle the court to reduce the penalty below the minimum penalty of six years’ imprisonment prescribed for murder in section 233 subsection 1 of the Penal Code. The provision had been replaced by section 56 litra b by virtue of a statutory amendment of 17 January 1997 no 11, in force from 1 January 2002, but there had been no change in substance. Case history: Holmestrand District Court no 01-00104 – Agder Court of Appeal LA-2001.01025 – Supreme Court HR-2002-00163, criminal appeal.

27 November 2002. Indecent assault of patients. Sentencing

The case concerned sentencing of a psychologist who had abused his position to commit acts of indecent assault with his patients, cf. section 198 of the Penal Code (as applicable prior to a statutory amendment of 11 August 2000). Oslo City Court no 00-01795 – Borgarting Court of Appeal LB-2001-01802 M/02 – Supreme Court HR-2002-00453, criminal appeal.

27 November 2002. Criminal Procedure Act section 40

The case concerned the requirement to give a reasoned judgement in respect of sentencing in an appeal case heard by a jury. Case history: Kristiansand District Court no 01-00457 – Agder Court of Appeal LA-2001-01676 – Supreme Court HR-2002-00779, criminal appeal.

20 November 2002. Expenses for future nursing care following a traffic accident

The case concerned the measure of damages for future expenses for nursing, care and attention, including expenses for a travel escort, for the victim of a road traffic accident who had been seriously handicapped. Case history: Holt District Court no 98-164 – Agder Court of Appeal LA-1999-01448 A – Supreme Court HR-2001-00184, civil appeal.

20 November 2002. Sentencing. Premeditated attempted murder

The case concerned attempted murder and aiding and abetting attempted murder, cf. section 233 subsection 1 and 2 of the Penal Code, cf. section 49. The case also concerned the power to increase the sentence in circumstances where the accused had appealed against sentence. Case history: Bergen City Court 2000-00988 – Gulating Court of Appeal LG-2001-00232 M – Supreme Court HR-2002-00017, criminal appeal.

20 November 2002. Theft as a condition precedent for insurance cover

The case concerned a claim for insurance coverage pursuant to an insurance policy taken out with the Gjensidig Non-Life Insurance Company (Gjensidig Skadeforsikring). The primary issue was whether the insured property had been stolen, which was a condition precedent for insurance cover. Case history: Stavanger City Court no 99-00457 – Gulating Court of Appeal LG-2000-00841 A/01- Supreme Court HR-2002-00025, civil appeal.

20 November 2002. Calculation of value added tax

The case concerned the validity of a decision of the Oslo County Tax Office concerning the discretionary post-calculation of value added tax for the period 1995-98. The case concerned the terms of the Value Added Tax Act prior to the tax reform that entered into force on 1 July 2001. Case history: Oslo City Court no 00-4147 A/60 – Borgarting Court of Appeal LB-2001-00867 A/03 – Supreme Court HR-2002-00351, civil appeal.

14 November 2002. Council Property Tax Act – ocean fish farm

The primary issue in the case was whether property tax can be levied against a fish farm which lay at sea beyond the boundaries of private ownership. Further, the case gave rise to the question whether there is authority in law to levy property tax against the ground upon which a land-based fish farm was built on leasehold property, and, if so, whether the freeholder or the leaseholder was liable for the tax. Case history: Ytre Sogn District Court no 98-00100 – Gulating Court of Appeal LG-1999-00953 – Supreme Court HR-2001-00646, civil appeal.

14 November 2002. Sale of Property Act – defects in private property

The issue before the Supreme Court was whether there was a defect in a property that was sold “as is”, cf. the Sale of Property Act section 3-9 second sentence. The main question was which of the parties shall bear the risk where no investigations are made to identify the cause of a fault about which the seller has informed the buyer. Case history: Nes District Court no 00-00526 A – Eidsivating Court of Appeal LE-2001-00656 A – Supreme Court HR-2002-00716, civil appeal.

13 November 2002. Sentencing. Social security fraud

The issue in the case was whether an internal authorisation in the Labour Directorate to apply for prosecution on behalf of the State, had authority in law pursuant to section 79 subsection 4 of the Penal Code. The case also concerned sentencing for social security fraud. Case history: Haugesund Court of Examination and Summary Jurisdiction 01-00208 – Gulating Court of Appeal LG-2001-01252 M – Supreme Court HR-2002-00302, criminal appeal.

8 November 2002. Fraud. Attempted fraud. Penal Code section 270.

The Supreme Court overruled the Court of Appeals conviction for fraud/attempted fraud. The primary issue in the case was whether the act had been carried out “for the purpose of obtaining an unlawful gain”. Case history: Oslo District Court no 01-02759 M/91 – Borgarting Court of Appeal LB-2001-02837 M/02 – Supreme Court HR-2002-00155, criminal appeal.

6 November 2002. Indecent assault and sexual intercourse with two young boys.

The case concerned sentencing for breaches of the Penal Code section 196 subsection 1 and section 200, which took place after the statutory amendment of 11 August 2000 no 76. Case history: Eiker, Modum and Sigdal District Court no 01-00858 M – Borgarting Court of Appeal LB-2002-00964 M/04 – Supreme Court HR-2002-00689, criminal appeal.

1 November 2002. Emission of environmentally dangerous additives. Pollution Act

The case concerned the Pollution Act section 78 subsection 2, first sentencing alternative, cf. subsection 1 litra b, cf. section 7 subsection 2. Case history: Nedre Romerike District Court no 00-01048 M – Eidsivating Court of Appeal LE-2001-00242 M – Supreme Court HR-2001-01528, criminal appeal.

1 November 2002. Sentencing. Drugs. Receiving stolen property

The case concerned sentencing for aggravated drug offences and receiving stolen goods. Case history: Bergen District Court 00-02524 M/01 – Gulating Court of Appeal LG-2001-01281 – Supreme Court HR-2002-00027, criminal appeal.

29 October 2002. Sexual intercourse with a minor. Penal Code section 195 subsection 1

The case concerned sentencing for sexual intercourse with a girl aged 13 ½ in circumstances where the couple were boyfriend and girlfriend, cf. Penal Code section 195 subsection 1, second sentencing alternative. Case history: Rana District Court no 02-00026 – Hålogaland Court of Appeal LH-2002-00281 – Supreme Court HR-2002-00738, criminal appeal.

25 October 2002. National Insurance Act. Damages

The issue in the case was whether section 22-13 subsection 6 of the National Insurance Act implies that damages cannot be claimed pursuant to section 2-1 of the Compensation Act in circumstances where a person has failed to apply for supplementary benefit due to misleading information given by a social security agency. Case history: Oslo City Court no 00-04359 A/80 – Borgarting Court of Appeal LB-2001-00762 A701 – Supreme Court HR-2002-00508, civil appeal.

25 October 2002. Road Traffic Act. Speeding etc.

The cases concerned sentencing for speeding and driving through a red traffic light. Case history: Borgarting Court of Appeal – Supreme Court HR-2002-00642, criminal appeal.

25 October 2002. Drink-driving. Road Traffic Act

The case concerned sentencing for repeated drink-driving. Case history: Nes Court of Examination and Summary Jurisdiction no 01-00593 F – Eidsivating Court of Appeal LE-2002-00187 M – Supreme Court HR-2002-01013, criminal appeal.

24 October 2002. Compulsory fine. Fish Farming Act. Article 96 of the Norwegian Constitution

The case concerned the validity of an administrative decision issued by the Ministry of Fisheries to impose a compulsory fine pursuant to the Fish Farming Act. Case history: Oslo City Court no 99-01155 A/33 – Borgarting Court of Appeal LB-2000-03109 A/01 – Supreme Court HR-2001-01514, civil appeal.

24 October 2002. Corporate liability. Failure to notify. Securities Trading Act.

The case concerned the imposition of corporate liability for failure to give notification to the stock exchange pursuant to the Securities Trading Act of a change in shareholding and right to shares in the form of convertible bonds. Case history: Oslo City Court – Borgarting Court of Appeal LB-2000-03336 M/03 – Supreme Court HR-2002-00587, criminal appeal.

24 October 2002. Inheritance Tax Act, Company Tax Act

The issue in the case was the appropriate date for valuing unquoted shares for the calculation of inheritance tax. Case history: Oslo City Court no 00-05685 A/83 – Borgarting Court of Appeal LB-2001-01851 A/02 – Supreme Court HR-2002-00648, civil appeal.

23 October 2002. Confiscation. ECHR Protocol 7, article 4 no 1.

The case concerned a claim for the confiscation of property that had been used in connection with environmentalist action against a Norwegian drilling rig. The main issue in the case was whether the confiscation was in breach of international law and the prohibition against double jeopardy in article 4 no 1 of Protocol 7 to the European Convention on Human Rights Case history: Frostating Court of Appeal – Supreme Court HR-2001-00987, criminal appeal.

23 October 2002. Damages. Personal injury. Basis of liability

A 19 month old boy suffered permanent injury after his head had remained under water in a pond in the garden of the dwelling that his parents rented on a farm. The case concerned a claim for damages against the owner of the property. The claim was based on negligence related to the lack of safeguarding, and the case before the Supreme Court was limited to the issue of liability. Case history: Nes District Court no 00-00164 A – Eidsivating Court of Appeal LE-2000-00762 A – Supreme Court HR-2002-00006, civil appeal.

23 October 2002. Sexual intercourse with two sleeping/intoxicated women

The case concerned sentencing for sexual intercourse with two women who were not capable of resisting because they were intoxicated and lay sleeping. Case history: Vinger and Odal District Court no 01-00376 M – Eidsivating Court of Appeal LE-2001-00965 M – Supreme Court HR-2002-00569, criminal appeal.

23 October 2002 Sexual intercourse with a sleeping woman

The case concerned sentencing for sexual intercourse with a woman whilst she was intoxicated and lay sleeping, cf. the Penal Code section 192 subsection 1 litra b, cf. subsection 2 litra a. Case history: Salten District Court no 01-00820 – Hålogaland Court of Appeal LH-2002-00029 – Supreme Court HR-2002-00821, criminal appeal.

18 October 2002. Tax relief for insurance premiums in the determination of taxable income

The case concerned the validity of an income tax assessment for Amoco Norway Oil Company for the period 1992-1995. The Company had insured its operations during this period first with Riunione Adriatica Di Sicurta (“RAS”) and thereafter – from June 1995 – with American International Reinsurance Company Ltd (“AIRCO”). The insurances taken out by Amoco Norway with RAS and AIRCO were fully reinsured with Northern Resources Assurance INC (“Northern”), an internal group insurance company (captive) within the Amoco Group. The issue in the case was whether, when determining taxable income, Amoco Norway was entitled to tax relief on that portion of the insurance premium that was related to the risk that Northern had not reinsured, but had kept for its own account. This portion was calculated as the difference between the insurance premium that Northern had received from RAS and AIRCO, and the premium that Northern had paid for its reinsurance agreements. This amounted to NOK 176 759 645 for the period 1992-1995. Case history: Oslo City Court no 97-04029 A/52 – Borgarting Court of Appeal LB-1999-03536 A/01 – Supreme Court HR-2001-01156, civil appeal.

11. October 2002. Double jeopardy. Drink-driving. Confiscation of driving licence

The issue in the case was whether the confiscation of a driving licence following a criminal conviction for a drink-driving offence is in violation of the prohibition against the repetition of criminal proceedings in Article 4(1) of Protocol No. 7 to the European Convention on Human Rights. Case history: Nordmøre Court of Examination and Summary Jurisdiction no. 00-00675 A - Frostating Court of Appeal LF-2001-00353 A - Supreme Court HR-2001-01588

9 October 2002. Sentencing. Possession of child pornography

The case concerned sentencing for the possession of child pornography, cf. section 11 of the Penal Code, prior to the statutory amendment of 11 August 2000 no. 76. Case history: Oslo City Court HR-2001-01545, criminal appeal

9 October 2002. Criminal law. Threats issued against a journalist

The case concerned an appeal against conviction for threats issued against a journalist who had written a commentary on a criminal court case involving a motorbike club, cf. section 227, first sentencing alternative of the Penal Code. Case history: Gulating Court of Appeal - Supreme Court HR-2002-00094, criminal appeal

9 October 2002. Section 12 of the Act relating to the right to redeem allodial land. Ground rent con

The principal issue in the case was whether a right of redemption contained in a ground rent contract had lapsed due to the fact that the right had not been pleaded in connection with a previous transfer of the contract and the cottage that was built on the plot in question. Case history: Kongsberg District Court no. 00-00470 A - Borgarting Court of Appeal LB-2001-01086 A/02 - Supreme Court HR-2002-00157, civil appeal

9 October 2002 Criminal appeal. Threats issued against a journalist

The case concerned sentencing of a person who was convicted for having issued death threats against two journalists who had written an article in a newspaper claiming that the convicted person's brother was under investigation in connection with the murder of a member of a criminal gang, cf. section 227, first sentencing alternative of the Penal Code. Case history: Oslo City Court no. 01-01520 - Borgarting Court of Appeal LB-2001-01838 M/02 - Supreme Court HR-2002-00684, criminal appeal

9 October 2002. Sentencing. Rape

The case concerned sentencing for the rape of a women carried out by two men. Case history: Nord-Troms District Court no. 01-00517 - Hålogaland Court of Appeal LH-2001-00964 and LH-2001-00965 - Supreme Court HR-2002-00890, criminal appeal.

8 October 2002. Possession/storage of dope

The case concerned the dividing line between lawful possession and unlawful storage of dope, cf. the Penal Code section 162b, subsection 1. Case history: Sunnhordaland District Court 00-00686 - Gulating Court of Appeal LG-2001-00868 M - Supreme Court HR-2001-01561, criminal appeal

23 September 2002. Termination of lease of commercial premises. Damages

The case concerned a claim for damages for the purported unlawful termination of a lease of commercial premises. The issue in the case was whether the lessee could lawfully sublet the premises for a higher rent than the rent specified in the main lease. Case history: Oslo City Court no. 99-01691 A/73 - Borgarting Court of Appeal LB-2000-01699 A/01 and LB-2000-01700 A/01 - Supreme Court HR-2001-00509, civil appeal.

20 September 2002. Criminal appeal. Income tax return for a foreign company. Article 4 of Protocol N

The case concerned criminal liability for a foreign company that failed to submit an income tax return, see the Tax Assessment Act section 12-3 no. 1 litra a (prior to the statutory amendment of 10 April 1992 no. 32) and section 12-1 no. 1 litra d, cf. section 12-2 nos. 1 and 2 (subsequent to the 1992 amendment), cf. section 4-5 no. 3, cf. the Tax Act of 1911 section 15 no. 1 litra b. In addition, the case concerned the implications of the prohibition against the repetition of criminal proceedings in Article 4 no.1 of Protocol 7 to the European Convention on Human Rights, cf. the plenary decision of the Supreme Court of 3 May 2002 in case no. HR-2001-01527. Case history: Drammen District Court - Borgarting Court of Appeal LB-1999-00285 M/03 - Supreme Court HR-2001-00716, criminal appeal, request for reversal.

19 September 2003. Standard of care for negligently causing a person's death

The case concerned the Court of Appeal's application of law in a judgement for negligently causing a person's death, cf. section 239 of the Penal Code. Case history: Gulating Court of Appeal - Supreme Court HR-2002-00363, criminal appeal

13 September 2002. Repudiation of a contract for the purchase of a business. Sale of Goods Act

The case concerned a claim for the repudiation of a contract on the grounds of deficiency, alternatively reduction in price, following the purchase of a business, together with a claim for damages for costs incurred in connection with the purchase. Case history: Asker and Bærum District Court no. 99-2711A - Borgarting Court of Appeal LB-2000-0133301 A/02 and LB-2000-01402 A/02 - Supreme Court HR-2001-01178, civil appeal

13 September 2002. Reversal of a suspended sentence. Drink-driving program.

A suspended sentence included a condition requiring the convicted person to participate in a trial government drink-driving program. The issue in the case was whether the sentence should be reversed, either because the accused had arrived intoxicated at the first meeting whereat supervision was to be agreed, and/or because he had moved to another district which did not participate in the trial program. Case history: Fredrikstad Court of Examination and Summary Jurisdiction no. 01-00553F - Borgarting Court of Appeal LB-2002-03058 M/03 - Supreme Court HR-2002-00306, criminal appeal.

12 September 2002. Compulsory purchase. Damages for inconvenience

The case concerned an appeal against a reappraisal following a compulsory purchase in connection with the development of a new state road link between Sveio, Stord and Bømlo local authorities. The issue in the case was whether the provisions relating to damages for inconvenience in section 8 of the Expropriation Compensation Act of 6 April 1984 no. 17, cf. section 2 of the Neighbour Act of 16 June 1961 no 15, had been applied correctly. Case history: Gulating Court of Appeal - Supreme Court HR-2001-01250, civil appeal.

12 September 2002. Distraint. Limitation

Pursuant to section 21 no. 3 first sentence of the Limitation Act, where distraint proceedings conclude with a finding that there are no proceeds to distrain, a new 10 year period of limitation begins to run. The issue in the case was whether a condition for this is that the distraint proceedings have been heard by an execution and enforcement officer with local jurisdiction and/or that the defendant has been given notice of or otherwise received knowledge of the proceedings. Case history: Kongsberg District Court no. 212-2001 D - Borgarting Court of Appeal LB-2002-00187 K/04 - Supreme Court HR-2002-00507, civil appeal.

10 September 2002. Sentencing. Drug offence

The cases concerned sentencing for inter alia unlawful storage of approx. 100 grams of heroin, and false accusations. Case history: Oslo City Court no. 00-11118 M/63 - Borgarting Court of Appeal LB-2001-01205 m/02 - Supreme Court HR-2001-01462, criminal appeal.

10 September 2002. Criminal law - preservation of a nature reserve

The case concerned the prosecution's appeal against the acquittal of a landowner who had felled trees and used a tractor in a preservation zone. More particularly, the case concerned the interpretation of the management provisions in Government Regulation of 20 December 1996 no. 127 relating to the preservation of Landavatnet as a nature reserve. Case history: Karmsund District Court 2001-00469 - Gulating Court of Appeal LG-2001-02029 M - Supreme Court HR-2002-00583, criminal appeal.

6 September 2002. Sentencing. Preventive detention.

The case concerned sentencing, including the use of preventive detention, for more than 100 offences, including robbery, extortion, violence, threats, deprivation of liberty and use of force. Case history: Oslo City Court no. 98-07492 M/15 - Borgarting Court of Appeal LB-2000-01639 M/02 - Supreme Court HR-2001-01427, criminal appeal.

6 September 2002. Salt Water Fish Act sections 53 and 54

The case concerned a confiscation order against a fishing boat company for failure to keep a catch log. Case history: Lofoton District Court no. 01-00227 - Hålogaland Court of Appeal LH-2001-01058 - Supreme Court HR-2002-00383, criminal appeal.

5 September 2002. Measure of compensation following a compulsory purchase order

The case concerned the Court of Appeal's application of law in reappraisal proceedings concerning the measure of compensation following the compulsory acquisition of an area of beach that was regulated as a recreational zone. Asker & Bærum District Court no. 97-01069 B - Borgarting Court of Appeal LB-2000-01874 B/02 - Supreme Court HR-2001-00905, civil appeal.

29 August 2002. Interpretation of a collective wage agreement

The case concerned the interpretation of a collective wage agreement. The issue was whether, in the case in question, the worker worked according to a rota-scheme in the terms of the provisions relating to working hours in section 4.2.2 of the Main Wage Agreement between the Norwegian Association of Local and Regional Authorities ("Kommunenes Sentralforbund") and the Norwegian Union of Municipal Employees ("Norsk Kommuneforbund"), which provides for a 35 ½ hour working week for rota work. Case history: Indre Sogn District Court no. 99-00135 - Gulating Court of Appeal LG-2000-00126 - Supreme Court HR-2001-00204, civil appeal

29 August 2002. Public servant, cf. Penal Code sections 127 and 326

The issue in the case was whether a teacher at a public college of education should be deemed to be a public servant in the terms of sections 127 and 326 of the Penal Code. Case history: Nes District Court no. 01-00126 M - Eidsivating Court of Appeal LE-2001-00572 M - Supreme Court HR-2002-00110, criminal appeal.

28 August 2002. Tax assessment. Distinction between employee and self-employed

The case concerned the validity of a tax assessment for 1992-1993 of an engineer who had performed tasks of limited duration in offshore projects. The issue was whether he should be deemed to be an employee or self employed for tax purposes. Case history: Stavanger District Court no. 96-01554 - Gulating Court of Appeal LG-1999-00386 - Supreme Court HR-2001-00151, civil appeal.

26 August 2002. Extended authority to detain, Mental Health Act chapter 5

The case concerned an appeal against an extension of authority to detain a person in preventive detention. Following the entry into force of new rules relating to special reactions where a person is deemed to be irresponsible, the question arises as to whether judgement shall be given for the transfer of the person to forced mental health care, cf. the Penal Code section 39, and chapter 5 of the Mental Health Act of 2 July 1999 no. 62. Case history: Alta District Court no. 01-00181 - Hålogaland Court of Appeal LH-2001-00640 - Supreme Court HR-2002-00072, criminal appeal.

26 August 2002. Murder and complicity to child rape. Penal Code sections 233, 192, 195 and 59

The case concerned sentencing for murder and complicity to rape committed by one of the persons convicted in the so-called "Baneheia" case (murder of two young girls). Case history: Agder Court of Appeal LA-2001-00980 - Supreme Court HR-2002-00434, criminal appeal.

2 July 2002. Rape of adopted daughter. Statute of limitations. Penal Code sections 192, subsection 1

The case concerned an appeal against the application of law and against sentence in a case where a man was convicted of raping his adopted daughter over a period of several years. The appeal against the application of law related to whether the offence was covered by the rape provision in section 192, subsection 1 of the Penal Code, prior to a statutory amendment in 2000, and whether criminal liability was time-barred. The case also raised questions regarding the basis for the Supreme Court's review of the application of law in cases that are heard before a jury. Case history: Oslo City Court no. 00-04407 M/40 - Borgarting Court of Appeal LB-2001-00062 M/01 - Supreme Court HR-2002-00047, criminal appeal.

28 June 2002. Fare dodging, cf. Penal Code section 403. Article 4(1), Seventh Protocol of the Europe

The issue in the case was whether it is in breach of the non bis in idem principle in Article 4(1) of the Seventh Protocol to the European Convention on Human Rights to bring criminal proceedings pursuant to section 402 of the Penal Code (fraudulently attempting to travel on a tram without paying the relevant fee) against a person who has already been imposed a fine or additional fee in accordance with the transport company's terms and conditions of transport. Case history: Oslo City Court no. 00-04635 M/99 - Borgarting Court of Appeal LB-2001-00269 M/01 - Supreme Court HR-2001-01009, criminal appeal.

28 June 2002. Criminal Procedure Act sections 38, 375 and 294

The case concerned an appeal hearing before the Court of Appeal sitting with a jury. The issue was whether new questions should have been put to the jury, and whether an error had been made in splitting up the evidence given by the court appointed experts. Case history: Frostating Court of Appeal - Supreme Court HR-2002-00028, criminal appeal.

27 June 2002. Sewage rates

The case concerned whether the sewage rates collected by Nes Local Authority during the period 1990 to 1999 were greater than was necessary to cover the local authority's costs. More particularly, the issue was whether paid connecting fees were deductible in the basis of calculation for capital expenditure. Case history: Nes District Court no. 99-00216 A - Eidsivating Court of Appeal LE-1999-00877 A - Supreme Court HR-2000-01464, civil appeal.

27 June 2002. Drug offence. Penal Code section 162, subsection 1

The case concerned sentencing for the illegal import of approx. 3.4 kilos of cocaine leaf. Case history: Eidsvoll District Court no. 00-00367 M - Eidsivating Court of Appeal LE-2000-00871 M - Supreme Court HR-2001-00600, criminal appeal.

27 June 2002. Care order and contact (access). Child Welfare Act sections 4-12 and 4-19

The case concerned judicial review pursuant to Chapter 33 of the Civil Procedure Act of the County Board's decision to take a child into care, and the parent's right to contact with the child pursuant to sections 4-12 and 4-19 of the Child Welfare Act. Case history: Indre Follo District Court no. 99-01057 A/01 - Borgarting Court of Appeal LB-2000-02915 A/02 - Supreme Court HR-2001-01120, civil appeal.

27 June 2002. Preventive detention for serious sexual offences. Penal Code section 192, subsections

The case concerned whether an order for preventive detention should be made for serious sexual offences. Case history: Oslo City Court - Supreme Court HR-2002-00291, criminal appeal.

27 June 2002. Sexual intercourse with a girl below the age of 16 whilst she slept. Penal Code sectio

The case concerned sentencing of an accused who had sexual intercourse with a young girl whilst she was asleep. The girl was 15 years and 10 months old at the time. Case history: Hardanger District Court 2001-00011 - Gulating Court of Appeal LG-2001-00886 M - Supreme Court HR-2002-00309, criminal appeal.

24 June 2002. Sexual assault of children. Penal Code section 196, subsection 1

The case concerned sentencing for breach of section 196, subsection 1 of the Penal Code (sexual assault of a minor between the age of 14 and 16 years), committed after the entry into force of the statutory amendment of 11 August 2000 no. 76. Case history: Bergen City Court no. 01-1231 - Gulating Court of Appeal LG-2001-01928 - Supreme Court HR-2002-00296, criminal appeal.

24 June 2002. Bodily harm and threats. Penal Code sections 132a and 229, first sentencing alternativ

The case concerned sentencing for bodily harm where the accused had butted the victim in the head and broken one of the victim's teeth. The accused had subsequently also issued threats against the victim in an attempt to get him to withdraw his report to the police, cf. Penal Code section 132a. Case history: Nord-Troms District Court no. 01-00623 - Hålogaland Court of Appeal LH-2001-00888 - Supreme Court HR-2002-00362, criminal appeal.

24 June 2002. Sexual intercourse with two young girls. Penal Code sections 195 and 196

The case concerned sentencing for breach of the Penal Code section 195, subsection 1, second sentencing alternative (sexual assault amounting to sexual intercourse with a minor below 14 years of age) and section 196, subsection 1 (sexual assault of a minor between the age of 14 and 16 years). The criminal act took place prior to a statutory amendment to the said provisions of 11 August 2000. Case history: Vesterålen District Court no. 01-00261 - Hålogaland Court of Appeal LH-2001-01076 - Supreme Court HR-2002-00459, criminal appeal.

18 June 2002. The Foundations Act

The case concerned the validity of the Articles of Association of a foundation. Case history: Nedenes District Court no. 99-00399 - Agder Court of Appeal LA-2000-00928 A - Supreme Court HR-2001-01192, civil appeal.

18 June 2002. Aggravated robbery. Penal Code section 267

Case concerning the application of law in a conviction for aggravated robbery. The principal issue was whether there was an unlawful gain, and whether the necessary mens rea, which required that the purpose of the act was to obtain an unlawful gain, was present. Case history: Sandnes District Court no. 00-00041 - Gulating Court of Appeal LG-2000-02483 M/02 and LG-2000-02476 M/02 - Supreme Court HR-2002-00095, criminal appeal.

18 June 2002. Negligently causing another person's death by use of a motor vehicle. Penal Code secti

Case history: Oslo City Court no. 00-9840 M/62 - Borgarting Court of Appeal LB-2001-02320 M/02 - Supreme Court HR-2002-00203, criminal appeal.

14 June 2002. Tax. Tax assessment. Companies Tax Act section 5-2 no. 2

The case concerned whether a bank, in its tax assessment for the fiscal year 1996, was entitled to tax relief for loss accrued on the sale of stock in a subsidiary company to other subsidiaries, following which sale the acquired companies were immediately merged with the buyer company. The issue in the case was whether the sale of stock is to be deemed as realisation in the terms of section 5-2 no. 2 of the former Companies Tax Act of 20 July 1991 no. 65 and, if so, whether there are grounds for piercing the corporate veil in accordance with non-statutory rules. Case history: Oslo City Court no. 99-04741 A/34 - Borgarting Court of Appeal LB-2000-02743 A/01 - Supreme Court HR-2001-00819, civil appeal.

11 June 2002. Mortification, damages for non-economic loss following defamation. Penal Code sections

The case concerned a claim that a defamatory allegation in the Nordlandposten newspaper be declared null and void (mortified), and a claim for damages for non-economic loss. Case history: Salten District Court no. 98-1426 M - Hålogaland Court of Appeal LH-1999-00960 - Supreme Court HR-2000-01443, private criminal appeal, and HR-2000-01551, civil appeal.

11 June 2002. Maintenance of a fence

The case related to the maintenance of a fence. The issue before the Supreme Court concerned the implications of a legally binding Court of Appeal judgement relating to grazing rights, on the landowner's right and duty to maintain the fence. Case history: Gulating Court of Appeal - Supreme Court HR-2001-01162, civil appeal.

11 June 2002. Love relationship - sexual relation to child under 14 years of age. Penal Code section

The case concerned sentencing following conviction for breach of the Penal Code section 195, subsection 1, first sentencing alternative (sexual assault amounting to sexual intercourse with a minor below 14 years of age), and damages for non-economic loss resulting from the breach. Case history: Sunnfjord District Court 2000-00735 - Gulating Court of Appeal LG-2001-00716 - Supreme Court HR-2002-00063, criminal appeal.

10 June 2002. Tax law - Ptarmigan Trust

The case concerned the validity of a decision of the tax appeal board. The Court upheld the board's finding that Norwegian taxpayers resident in Liechtenstein who were beneficiaries under the Ptarmigan Trust, were entitled to tax deductions for their share of the Trust's deficit in 1994. The Supreme Court's judgement will also be significant in determining whether the Norwegian beneficiaries shall be taxable in subsequent years for their share of the Trust's profit, irrespective of whether a dividend is paid out. Case history: Oslo City Court no. 98-53277 - Borgarting Court of Appeal LB-1999-01044 A/01 - Supreme Court HR-2001-00662, civil appeal.

7 June 2002. Bodily harm involving the use of a dangerous implement

The case concerned sentencing of a 15-year-old youth for occasioning bodily harm using a dangerous implement. Case history: Oslo City Court no. 00-11029 M/87 - Borgarting Court of Appeal LB-2001-035600 M/01 - Supreme Court HR-2002-00286, criminal appeal.

7 June 2002. Penal Code section 39. Compelled mental health care

The cases concerned a transferral to compelled mental health care pursuant to section 39 of the Penal Code. Case history: Gulating Court of Appeal - Supreme Court HR-2002-00360, criminal appeal.

5 June 2002. Tax law

The case concerned taxation of a Netherlands limited company which, by virtue of activity on the Norwegian Continental Shelf, had a permanent establishment there. The issues in the case, which relates to the interpretation of Norwegian tax law and the Tax Agreement between the Netherlands and Norway of 12 January 1990, concerned the extent of the taxable operation and the distribution of indirect costs for the fiscal year 1991. Case history: Stavanger City Court - Gulating Court of Appeal LG-1999-01111 A Supreme Court HR-2001-00878, civil appeal.

5 June 2002. Penal Code sections 391a (petty theft), 257 (theft) and 228 (assault). Sentencing

Appeal against sentence was dismissed. Case history: Bergen City Court 00-03121 M/01 - Gulating Court of Appeal LG-2001-00911 M - Supreme Court HR-2001-01499, criminal appeal.

5 June 2002. Penal Code section 196. Sexual intercourse with a minor

The case concerned sentencing and damages for non-economic loss following two incidents of sexual intercourse with a 14-year-old girl. Case history: Trondenes District Court no. 01-00049 - Hålogaland Court of Appeal LH-2001-00711 and LH-2001-00712 - Supreme Court HR-2001-01530, criminal appeal.

4 June 2002. Civil Procedure Act section 97

The case concerned damages following the sale and purchase of real property, for defects in the property in the form of ground pollution. Case history: Oslo City Court no. 98-10515 A/46 - Borgarting Court of Appeal LB-2000-00702 A/02 - Supreme Court HR-2001-01241, civil appeal.

4 June 2002. Penal Code section 239 and Road Traffic Act sections 3, 21 and 31. Manslaughter

Negligently causing another person's death (manslaughter) by use of a motor vehicle. The case concerned the requirement of due care in section 239 of the Penal Code as the provision is to be interpreted following a statutory amendment of 15 June 2001 no. 64, which entered into force immediately. The Supreme Court found that the appeal against the application of law could not be upheld, but that the sentence ought to be reduced to 60 days' imprisonment. Case history: Bergen City Court 01-00333 - Gulating Court of Appeal LG-2001-00933 M/01 - Supreme Court HR-2001-01580, criminal appeal.

3 June 2002. Sections 3-1 and 3-4 of the Compensation Act

The case concerned the measure of damage to a child for the loss of its sole provider. The main issue in the case was the effect it had on the measure of damage that maintenance duties were assumed by another person. Case history: Oslo City Court no. 99-1749 A/36 - Borgarting Court of Appeal LB-2000-01491 A/01 - Supreme Court HR-2001-00970, civil appeal.

3 June 2002. Planning and Building Act section 33

The case concerned the validity of a provisional building and parcelling prohibition issued pursuant to section 33 of the Planning and Building Act, and a claim for compensation. Case history: Stavanger City Court no. 98-1232 A - Gulating Court of Appeal LG-2000-00168 - Supreme Court HR-2001-01209, civil appeal.

29 May 2002. Allodial Rights Act section 39

The case concerned whether section 39 of the Allodial Rights Act entitles the surviving spouse to suitable free accommodation where the property subject to the right of primogeniture consists of only one dwelling. Case history: Sør-Østerdal District Court no. 00-00051 A - Eidsivating Court of Appeal LE-2001-00105 A - Supreme Court HR-2001-00548, civil appeal.

29 May 2002. The Marriage Act section 63, subsection 2

29 May 2002. The Marriage Act section 63, subsection 2 The issue in the case was whether losses resulting from one spouse's dealings on the Oslo Stock Exchange, had led to an undue and substantial reduction of the distributable estate, entitling the other spouse to compensation pursuant to section 63, subsection 2 of the Marriage Act. Case history: Frostating Court of Appeal LF-2000-01192 - Supreme Court HR-2001-01088, civil appeal.

29 May 2002. Compensation law. Employer liability. Indemnity

A 2 ½ year old child fell into a stream whilst in the care of a private kindergarten. She suffered serious brain injury and as a consequence was declared 100 % medically disabled. The kindergarten's insurance company ("If") acknowledged liability for the injury. The issue in the case was whether local authority employees had acted negligently in connection with the approval or inspection of the kindergarten, and whether this rendered the local authority liable in tort pursuant to the rules relating to employer liability. A second question was whether If could claim an indemnity against the local authority and its insurer for the damages paid by If. Case history: Kristiansand District Court no. 00-338/06 - Agder Court of Appeal LA-2000-01710 A - Supreme Court HR-2001-01216, civil appeal.

28 May 2002. Criminal law. Drug offence. Sentencing

A 25-year-old man appealed against sentence for a conviction for the illegal import of 9.853 kilos of heroin, cf. section 162 of the Penal Code. The consignment of heroin was large, but there were no grounds for asserting that the appellant had been the principal in the crime. In view of this, the length of time taken to bring the case to trial and the fact that the accused had been remanded in custody pending trial for 25 months, the Supreme Court found that the sentence should be reduced from 13 to 12 years' imprisonment. Case history: Oslo City Court no. 99-06897 M/75 - Borgarting Court of Appeal LB-2001-01482 M/02 - Supreme Court HR-2002-00139, criminal appeal.

14 May 2002. Public administration law. Import licence. Plant Disease Act

The Ministry of Agriculture had refused to grant a certificate of clean health for the import of potatoes. The issue in the case was whether section 2, subsection 1 e of the former Plant Disease Act, cf. section 4 of the Plant Importation Regulation at the time in force, entitled the Norwegian authorities to require that a certificate of clean health for potatoes must as a rule be issued by the authorities of a state recognised by Norway pursuant to international convention. The Supreme Court interpreted the Regulation in light of the delegating Act, the convention upon which the Act was based and the case law of the European Court of Justice, and found that such a requirement was legally justified. Case history: Oslo City Court no. 97-08302 A/44 - Borgarting Court of Appeal LB-1999-03675 A/01 - Supreme Court HR-2001-00435, civil appeal.

8 May 2002. Rohypnol. Drugs. Penal Code section 162

The case concerned the level of sentencing for the unlawful importation of Rohypnol tablets. Case history: Nordmøre District Court no. 1998-788/794 - Frostating Court of Appeal LF-2000-00771, LF-2000-00772, LF-2000-00773, LF-2000-00774 - Supreme Court HR-2001-01188, criminal appeal.

8 May 2002. Penal Code section 155 - infection with HIV-virus

The case concerned sentencing for a conviction pursuant to section 144 of the Penal Code where the accused had infected another person with the HIV-virus. Case history: Romsdal District Court no. 00-0740 M - Frostating Court of Appeal LF-2001-00456 M - Supreme Court HR-2001-01362, criminal appeal.

8 May 2002. Criminal Procedure Act section 292, subsection 2 - appeal against procedure

The Court of Appeal had allowed the submission of evidence - witness testimony and documents - concerning potentially criminal acts of the same kind as those contained in the indictment, but which related to incidents which, in any event, were time barred. Case history: Midhordaland District Court no. 2000-00193 - Gulating Court of Appeal LG-2000-02157 - Supreme Court HR-2002-00043, criminal appeal.

3 May 2002. Plenary judgement. Article 4(1), Seventh Protocol of the European Convention on Human Ri

The principal issue in the case was whether it is in breach of the non bis in idem principle in Article 4(1) of the Seventh Protocol to the European Convention on Human Rights to impose an additional (60%) surcharge on a person for having given incorrect or incomplete information to the tax authorities in circumstances where he has already been prosecuted in criminal proceedings for the same act. Case history: Sunnmøre District Court no. 98-00233 - Frostating Court of Appeal LF-1999-00465 A, LF-1999-00466 A - Supreme Court HR-2000-00770, civil appeal.

3 May 2002. Review of tax assessment. Plenary decision.

The principal issue in the case was whether the imposition of ordinary (30%) surcharge pursuant to section 10-2 cf. section 10-4 no. 1, first sentence of the Tax Assessment Act amounts to a "criminal charge" within the meaning of Article 6 no. 1 of the European Convention on Human Rights. The case also raises issues concerning the interpretation of domestic principles of evidence in tax cases. Case history: Oslo City Court no. 99-11479 A/38 - Borgarting Court of Appeal LB-2001-01140 K/04 - Supreme Court HR-2001-00890, civil interlocutory appeal.

3 May 2002. Compulsory Purchase Compensation Act section 6. Appeal against a reappraisal

The case concerned an appeal against a reappraisal where compensation was awarded pursuant to the Compulsory Purchase Compensation Act section 6 for the compulsory purchase by Stavanger City Council of part of a regulated recreational area. The City Council had previously entered into an agreement for the user of the area against payment. The issue in the case was whether this contractual relationship was a relevant factor when calculating the compensation payable. Case history: Stavanger Court of Assessment in Building Case 1/98 B - Gulating Court of Appeal LG-2000-01819 - Supreme Court HR-2001-01395, civil appeal.

3 May 2002. Plenary decision concerning ne bis in idem (freedom from double jeopardy)

The case concerned whether a criminal case for a fiscal offence shall be dismissed in circumstances where the accused has already been imposed an increased (60%) surcharge for the same act, cf. Article 4(1), Seventh Protocol of the European Convention on Human Rights concerning the right not to be tried twice for the same offence. Case history: Asker and Bærum District Court no. 00-02654 M - Borgarting Court of Appeal LB-2001-03053 M/04 - Supreme Court HR-2001-01527, criminal interlocutory appeal.

2 May 2002. The right of a journalist to protect his sources

2 May 2002. The right of a journalist to protect his sources The case concerned the right of a journalist to protect his sources pursuant to section 125 subsection 3, cf. subsection 1, 2nd sentence of the Criminal Procedure Act. Oslo Court of Examination and Summary Jurisdiction no. 01-02383 F/51 - Borgarting Court of Appeal LB-2001-02468 M/04 - Supreme Court HR-2001-01306, criminal interlocutory appeal.

30 April 2002. The Compensation Act. The deceased's minor children.

The case concerned a claim for damages for non-economic loss by the deceased's minor children. The claim was submitted in connection with criminal proceedings for murder with intent against the accused. The issue in the case was whether it was relevant when calculating the measure of damage to take into account insurance monies that had been paid out in connection with the death. Case history: Trondheim City Court no. 99-1899 - Frostating Court of Appeal LF-2000-00291 M - Supreme Court HR-2001-00442, civil appeal.

29 April 2002. Validity of Norsk Hydro's tax assessment for the fiscal year 1990

The case concerned the validity of the tax assessment for Norsk Hydro ASA for the fiscal year 1990. The issue in the case was whether Norsk Hydro could claim a tax allowance in its income for losses suffered on the sale of shares in the wholly-owned Canadian subsidiary Norsk Hydro Canada Inc. to the wholly-owned Danish subsidiary Norsk Hydro Danmark AS, cf. the Taxation Act of 1911 section 44, subsection 1 (d). Case history: Oslo City Court no. 98-08309 A/81 - Borgarting Court of Appeal LB-2000-01862 A/01 - Supreme Court HR-2001-00728, civil appeal.

29 April 2002. Sentencing. Attempted importation of drugs

The case concerned sentencing for the attempted importation of 49.673 kilos of technically pure cocaine chloride. Case history: Oslo City Court no. 00-03570 M/18 - Borgarting Court of Appeal LB-2000-03576 M/02 - Supreme Court HR-2001-00863, criminal appeal.

29 April 2002. Smuggling of humans. Requirement of unlawful gain etc.

The case concerned the conditions for conviction for aiding and abetting the smuggling of human beings pursuant to the Aliens Act and, in particular, the requirement that the act was perpetrated for the purpose of obtaining an unlawful gain. Case history: Eidsvoll District Court no. 01-1005 M - Eidsivating Court of Appeal LE-2001-00384 M - Supreme Court HR-2001-01368, criminal appeal.

29 April 2002. Sentencing for crimes for profit

The case concerned sentencing of a policeman who was convicted of a number of crimes for profit. Case history: Trondheim Court of Examination and Summary Jurisdiction no. 01-621 - Frostating Court of Appeal LF-2001-00568 M - Supreme Court HR-2001-01467, criminal appeal.

25 April 2002. Sentencing for rape etc.

The case concerned sentencing for rape of three women, one of whom was barely 13 years old, and several counts of sexual intercourse with the same girl when she was 14 and 16 years old. Case history: Sunnhordaland District Court 2000-00054 M - Gulating Court of Appeal LG-2001-00224 - Supreme Court HR-2001-01542, criminal appeal.

25 April 2002. Sentencing for rape etc

The case concerned sentencing for rape of four women, two incidents of indecent assault with a person who was incapable of resisting the act, and a number of other criminal acts. Case history: Stavanger City Court 2000-00972 - Gulating Court of Appeal LG-2001-00869 M/02 - Supreme Court HR-2002-00010, criminal appeal.

22 April 2002. Penal Code section 39 ff. - preventive detention

The case concerned the accused's appeal against a preventive detention order. During the appeal hearing, which took place after the entry into force of the new rules relating to special precautionary measures in sections 39ff of the Penal Code, the prosecution requested the court to pronounce judgement ordering transfer of the accused to compulsory mental health care. Case history: Oslo City Court no. 00-2192 M/78 - Borgarting Court of Appeal LB-2001-00231 M/02 - Supreme Court HR-2001-01540, criminal appeal.

12 April 2002. Penal Code section 39 - preventive detention

The appeal concerned the use of preventive detention where the accused was convicted of indecent assault of children below the age of 10. Case history: Dalane District Court - Gulating Court of Appeal LG-2000-02121 M/02 - Supreme Court HR-2001-01344, criminal appeal.

11 April 2002. Debt Arrangement Act. Creditor.

The case concerned whether the expression "creditor whose claim is covered by the arrangement" in section 6-1, subsection 2 of the Debt Arrangement Act, also includes a tax or duty creditor as defined in section 4-8, 2nd sentence (c) of the Act and the former regulation of 18 December 1992 no. 1083 laid down pursuant to section 4-8. Case history: Oslo City Court, Execution and Enforcement Division no. 00-01263 D - Borgarting Court of Appeal LB-2001-00290 K/04 - Supreme Court HR-2001-00567, civil appeal.

11 April 2002. Trade Marks Act. Registered trade mark.

The case concerned whether the expression "God Morgen" ("Good Morning") could be registered as a trade mark for orange juice. Case history: Oslo City Court no. 99-00017 A/25 - Borgarting Court of Appeal LB-2000-02229 A/03 - Supreme Court HR-2001-01049, civil appeal.

10 April 2002. Firearms Act. Acquisition of firearms

The case concerned sentencing for the unlawful acquisition of firearms, cf. the Firearms Act section 33, subsection 1, 1st sentencing alternative. Case history: Nedenes Court of Examination and Summary Jurisdiction no. 01-00233 F - Agder Court of Appeal LA-2001-00901 M - Supreme Court HR-2001-01375, criminal appeal.

9 April 2002. The Pleasure Craft and Small Boats Act. Navigating under the influence of alcohol

The case concerned sentencing for navigating a boat under the influence of alcohol, contrary to section 33, cf. section 37 of the Pleasure Craft and Small Boats Act of 26 June 1998 no. 47. Case history: Oslo Court of Examination and Summary Jurisdiction no. 01-01198 F/76 - Borgarting Court of Appeal LB-2001-01857 M/03 - Supreme Court HR-2001-01455, criminal appeal.

5 April 2002. Planning and Building Act. Regulation plan

The case concerned the validity of a local regulation plan where the outskirts of an airport area were regulated as a public traffic area and airport pursuant to section 25 no. 3 of the Planning and Building Act, and the validity of an expropriation order in order to implement the plan. Case history: Nedre Romerike District Court no. 96-00357 B - Eidsivating Court of Appeal LE-1999-00650 B - Supreme Court HR-2000-01183, civil appeal.

2 April 2002. Sentencing for robbery

2 April 2002. Sentencing for robbery The case concerned the requirement of "unlawful gain" in section 267 of the Penal Code, and sentencing for robbery. Case history: Gulating Court of Appeal - Supreme Court HR-2001-01355, criminal appeal.

20 March 2002. Insurance Businesses Act

The case concerned the scope of priority for interest claims against an insurance company that was put under public administration, and relates to the interpretation of section 11-5, subsection 1 1st sentence of the Insurance Businesses Act 1988. The issue was whether the insurance agreement established a right to interest on claims for time-loss compensation which accrue after the claim has fallen due for payment. The provision in section 11-5 subsection 1 1st sentence is now contained in section 4-11 subsection 2 of the Bank Insurance Act. Case history: Oslo City Court, Probate Division no. 99-01822 - Borgarting Court of Appeal LB-2000-01129 A/03 and L/B-2000-01130 A/03 - Supreme Court HR-2001-00344, civil appeal.

20 March 2002. The Taxation Act

The case concerned allowance for accrued production duty when determining the ground rent income for a hydroelectric power plant pursuant to section 19A-4 of the Taxation Act of 1911. Production duty on electric power was introduced in 1993, but was abolished by a reform in 1996 with effect from 1998. The same reform introduced a ground rent income with effect for the fiscal year 1997. The issue in the case related to the transition between the two schemes, and the findings are relevant only for the fiscal year 1997. Case history: Romsdal District Court no. 99-00546 A - Frostating Court of Appeal LF-2000-00967 A - Supreme Court HR-2001-00803, civil appeal.

19 March 2002. Liability in tort of a firm of auditors

The case concerned the liability of a firm of auditors and the partners of the firm, for damages for allegedly negligent conduct in the valuation of shares in a company, and the question of whether the liability was time-barred. Case history: Asker and Bærum District Court no. 99-1449 A - Borgarting Court of Appeal LB-2000-01870 A/03 - Supreme Court HR-2001-00565, civil appeal.

18 March 2002. The Civil Servants Act. Summary dismissal

The case concerned the validity of the summary dismissal of a university professor, cf. section 15, subsection 1 of the Civil Servants Act and section 41 of the Public Administration Act. Case history: Gulating Court of Appeal - Supreme Court HR-20001-00125, civil appeal.

14 March 2002. The Wild Game Act.

The case concerned sentencing for breach of the Wild Game Act, where the accused had put out poisonous feed intended for wolves. Case history: Nes District Court no. 00-00500 M - Eidsivating Court of Appeal LE-2002-00246 M - Supreme Court HR-20001-01436, criminal appeal.

14 March 2002. Sentencing for murder

The case concerned sentencing for murder with intent committed under particularly grievous circumstances. Case history: Sunnmøre District Court no. 00-00991 M - Frostating Court of Appeal LF-2001-00113 M - Supreme Court HR-2001-01478, criminal appeal.

21 February 2002. Planning and Building Act sections 113 and 114

The case concerned the validity of an order pursuant to section 113 of the Planning and Building Act and section 7 of the Pollution Act, and judicial review of a fine imposed pursuant to section 114 of the Planning and Building Act. Case history: Frostating Court of Appeal - Supreme Court HR-2001-00461, civil appeal.

12 February 2002. Criminal law. Road Traffic Act. Traffic accident abroad

Case concerning driving in the wrong direction on a motorway near Skopje in Macedonia. Case history: Heggen and Frøland District Court no. 00-00156 M - Borgarting Court of Appeal LB-2000-03683 M/02 - Supreme Court HR-2001-01293, criminal appeal.

8 February 2002. Lugano Convention art. 10(2). Oil spillage following a shipwreck

The case concerned the interpretation of Article 10(2) of the Lugano Convention and related to the question whether the Norwegian State, which suffered injury when oil was spilt following a shipwreck, could bring an action before the Norwegian Courts against the vessel's English underwriter. Case history: Karmsund District Court no. 00-00169 A - Gulating Court of Appeal LG-2000-02226 - Supreme Court HR-2001-00507, civil appeal.

7 February 2002. Decision of the Tax Appeal Board

The case concerned the validity of the decisions of 21 May 1999 of Levanger Tax Appeal Board for the fiscal year 1997, and of Levanger Tax Office for the fiscal year 1998. More specifically, the question was whether personal income for tax purposes should be assessed on the business activity carried on by Kjell Ivar Røe through the letting out of the property No. 57 Gamle Kongeveg, Levanger. The letting took place through Røe Eiendom, a one man enterprise. Case history: Frostating Court of Appeal - Supreme Court HR-2001-00497, civil appeal.

7 February 2002. Economic settlement following the termination of a consumer purchase.

The case concerned the economic settlement between the parties following the termination of a consumer purchase, and raised questions concerning the scope of the seller's duty to pay interest on the purchase price (cf. Sale of Goods Act section 65, subsection 2), the calculation of compensation for the purchaser's benefit from the goods (cf. Sale of Goods Act section 65, subsection 1) and interpretation of the expression "current price at the take-over date" in section 69 subsection 1 of the Sale of Goods Act in the case of retail sales. Case history: Oslo City Court no. 99-4126 A26 - Borgarting Court of Appeal LB-2000-01708 A/02 - Supreme Court HR-2001, civil appeal.

6 February 2002. Sentencing. Drug offence

The case concerns sentencing for the importation of 98.3 kilos of amphetamine. Case history: Oslo City Court no. 99/10219 M/30 - Borgarting Court of Appeal LB-2000-02520 M/01 - Supreme Court HR-2001-00756, criminal appeal.

5 February 2002. Sentencing. Indecent assault of a pupil

The case concerned sentencing for indecent assault of a pupil by misuse of position as a teacher, in breach of section 198 of the Penal Code as the provision applied prior to the Amendment Act of 11 August 2000 no. 76. The Amendment Act both revised the provision and moved it to section 193 subsection 1 of the Penal Code. Case history: Sand District Court no. 00-369 - Agder Court of Appeal LA-2001-00011 - Supreme Court HR-2001-01045, criminal appeal.

4 February 2002. Public administration law. Planning and building law. Regulation plan. Leasehold

The issue in the case was whether the development of an area for holiday homes pursuant to a regulation plan could take place independent of leases which prohibited further developments in the area. The Supreme Court found that the contractual clauses in the leases did not lapse simply as a result of the implementation of the regulation plan and the consequential development plans. The Court discussed the implications of the Gjensidige case reported in Rt 1995 904. Case history: Mandal District Court no. 99-271 - Agder Court of Appeal LA-2000-00811 - Supreme Court HR-2001-00416, civil appeal.

29 January 2002. Administration of estates. Inheritance law. Undivided estate. Gift. Avoidment.

The issue in the case was whether the value of a gift could be avoided after one of the heirs had claimed redemption of the property pursuant to the right of primogeniture in the Allodial Rights Act. The Supreme Court found that section 19 of the Inheritance Act established a right to avoid the value of the gift after the property had been sold on. Case history: Indre Sogn District Court - Gulating Court of Appeal LG-2000-00956 - Supreme Court HR-2001-00810, civil appeal

24 January 2002. Land law. Allodial law

The issue in the case was whether a vacant hill farm in the local authority of Vinje was allodial land pursuant to section 1 cf. section 23 of the Allodial Rights Act. The Supreme Court found that the requirement in section 1 of the Act that the property must be "usable for agricultural purposes" was not satisfied. For a more detailed discussion of the requirements in section 1, the Court referred to two of its earlier decisions reported in Rt 1998 450 and Rt 2001 561. Case history: Vest Telemark District Court no. 99-00019 - Agder Court of Appeal LA-1999-01660 - Supreme Court HR-2000-01456, civil appeal.

23 January 2002. Tax law. Property tax.

The case concerned the right of a local authority to assess property tax on a telecommunications installation, and whether the installation fell within the definition of "plant and factory" in section 4, subsection 2 of the Property Taxation Act of 6 June 1975 no. 29. The majority of the Court found that the installation fell within the scope of section 4, and that it was liable to taxation. The Court discussed the Property Taxation Act, former statutes, their travaux préparatoires and the Kvitsøy case reported in Rt 1995 980. Dissent 3:2. Case history: Romsdal District Court no. 98-00464 - Frostating Court of Appeal LF-1999-01054 A - Supreme Court HR-2001-00071, civil appeal.

23 January 2002. The Courts of Justice Act section 106. Impartiality

The case concerned the qualification of Supreme Court Justices to hear three cases, on the grounds of impartiality. Case history: Supreme Court HR-2000-00770, civil appeal. HR-2001-01527, criminal interlocutory appeal. HR-2001-00890, civil interlocutory appeal.

18 January 2002. Tax law. Company law. Tax assessment law. Company limited by shares

The case concerned the validity of a tax assessment decision. In 1993, one of two shareholders in Nor-Import AS transferred all of his shares in another company to the creditor, in return for the right to repurchase the shares at the same price when the company got back on its feet again. The right of repurchase was exercised in 1995. This was not deemed to be a circumstance that triggered dividend tax for the shareholder pursuant to the Companies Taxation Act 1991 section 3-2 no. 1 and 2, or withdrawal tax for the company, see the Taxation Act 1911 section 42, subsection 1, 3rd sentence. The Supreme Court found that the transfer and repurchase agreements were entered into simultaneously. The transfer could not be deemed to be a contribution of capital, but was part of a more complex mutually obliging and balanced contractual relationship in which also the creditor participated. Case history: Nordfjord District Court no. 98-00036 - Gulating Court of Appeal LG-1999-02058 - Supreme Court HR-2++1-00035, civil appeal.

18 January 2002. Expropriation law. Local development plan. Compensation

The case concerned a claim for compensation pursuant to section 32 no. 1 of the Planning and Building Act, in connection with the building boundary along a public road stipulated in a local development plan. The Supreme Court stated that what the Court of Appraisal should have considered was whether it was at all possible to employ the property in a profitable manner after the regulation. The Court of Appeal's interpretation of section 32 no. 1, that it was a requirement that the buildings following the regulation had to be of such a size as to bear the interest on the value of the property as it might probably have been used prior to the regulation, was erroneous. It was also an incorrect application of the law to take into account the detriment caused by a potential road and bridge expansion. Case history: Gulating Court of Appeal LG-2000-00121 - Supreme Court HR-2001-00583, civil appeal.

18 January 2002. Professional liability of lawyers. Tort. Interest on damages.

An attorney was in the Court of Appeal ordered to pay damages to a client for negligent conduct in connection with the redemption of a lease. This judgement was both final and unappealable when the court refused leave to appeal. The present appeal concerned the question as to whether there was a duty to pay interest on the award of damages for the period prior to the claim being submitted. The Supreme Court found that the situation was not covered by the Default Interest Act section 3, subsection 3, which relates only to damages for the period after the claim has been submitted. The Supreme Court found that there was no justification for upholding the long-established rule that a claim for payment of interest requires express legal authority. In the case in question, both the items of loss that the Court of Appeal had awarded and the consequent loss of interest must be deemed to be foreseeable losses. Case history: Oslo City Court no.99-08623 A/62 - Borgarting Court of Appeal LB-2000-02847 A/01 and LB-2000-02848 A/01 - Supreme Court HR-2001-00969, civil appeal.

18 January 2002. Criminal law. Breach of the peace. Sentencing

A 25 year old man was convicted of harassment of his former girlfriend and for breach of an injunction prohibiting him to visit her, see the Penal Code section 342, subsection 2 and section 390a, cf. section 62, subsection 1. The Supreme Court reduced the sentence to 11 months imprisonment in order, in the view of the court, to bring the sentence within the ordinary scope of the sentencing provisions in question. The sentence included an earlier conviction pursuant to which the accused was given a 60 days conditional sentence. One of the justices voted in favour of an 8 months' imprisonment.. Dissent 4:1. Case history: Larvik District Court no. 01-00135 - Agder Court of Appeal LA-2001-00653M - Supreme Court HR-2001-01310, criminal appeal.

11 January 2002. Bodily harm resulting in death of an infant.

The case concerned sentencing where the appellant on several occasions had assaulted his daughter, on one occasion so seriously that she died at the age of 5 ½ months as a result of a deep fracture of the skull.. Case history: Bergen City Court 2000-01805 - Gulating Court of Appeal LG-2000-02547 - Supreme Court HR-2001-01391, criminal appeal.

10 January 2002. Medical Practitioners Act, National Insurance Act.

The case concerned a claim by the national insurance authorities against two general medical practitioners for repayment of reimbursements paid out by the authorities for laboratory charges between 1 September 1993 and 30 June 1996. Case history: Ryfylke District Court no. 96-00296 - Gulating Court of Appeal LG-1999-00558 A - Supreme Court HR-2000-00933, civil appeal.

8 January 2002. Organised smuggling of humans.

The case concerned sentencing for the organised smuggling of humans, cf. the Aliens Act section 47, sub-section 3 (now sub-section 4). Case history: Halden City Court no. 00-00242 - Borgarting Court of Appeal LB-2000-02021 - Supreme Court HR-2001-01383, criminal appeal.

8 January 2002. Organised smuggling of humans.

The case concerned sentencing for the organised smuggling of humans, cf. the Aliens Act section 47, sub-section 3 (now sub-section 4). Case history: Tana and Varanger District Court no. 01-00069 - Hålogaland Court of Appeal LH-2001-00587 - Supreme Court HR-2001-01476, criminal appeal.

20 December 2001. Attempted rape.

The case concerned sentencing for attempted rape, cf. the Penal Code section 192, sub-section 1, second sentencing alternative, and application of section 64 of the Penal Code (sentencing in cases where a person who has already been sentenced is convicted of an offence committed before the sentence was pronounced). Case history: Kristiansand City Court no. 00-02074 - Agder Court of Appeal LA-2001-00642 M - Supreme Court HR-2001-01335, criminal appeal.

18 December 2001. Powers of the board of the port authority.

The first issue in the case was whether the board of a port authority appointed by the Ministry pursuant to section 12 of the Ports Act was empowered pursuant to section 17, sub-section 6, last sentence of that Act to agree to a settlement in a legal action concerning the eviction of a lessee from a property belonging to the port treasury. The second issue in the case was whether the board had indeed made a binding settlement agreement whereby the lessee was granted a continued right to rent. Case history: Oslo City Court no. 96-5099 A/74 and 96-6827 A/74 - Borgarting Court of Appeal LB-2000-00170 A/01 and LB-2000-00171 A701 - Supreme Court HR-2000-01430, civil appeal.

18 December 2001. Tax law. Summary joint pay settlement.

The case concerned the lawfulness of a decision by the taxation authorities concerning a summary joint pay settlement, more particularly whether the basis of computation for tax and employer's contributions was legally correct. Case history: Kristiansand City Court no. 99-01647 - Agder Court of Appeal LA-2000-01674 A - Supreme Court HR-2001-00719, civil appeal.

18 December 2001. Drugs.

Aiding and abetting the possession of drugs. Case history: Romsdal District Court - Frostating Court of Appeal - Supreme Court HR-2001-00931, criminal appeal.

18 December 2001. Rape of a young girl.

The case concerned sentencing for rape of a 10-year-old girl. Case history- Moss City Court no. 99-00527 M - Borgarting Court of Appeal LB-2000-01395 M/03 - Supreme Court HR-2001-00972, criminal appeal.

11 January 2002. Bodily harm resulting in death of an infant.

The case concerned sentencing where the appellant on several occasions had assaulted his daughter, on one occasion so seriously that she died at the age of 5 ½ months as a result of a deep fracture of the skull.. Case history: Bergen City Court 2000-01805 - Gulating Court of Appeal LG-2000-02547 - Supreme Court HR-2001-01391, criminal appeal.

10 January 2002. Medical Practitioners Act, National Insurance Act.

The case concerned a claim by the national insurance authorities against two general medical practitioners for repayment of reimbursements paid out by the authorities for laboratory charges between 1 September 1993 and 30 June 1996. Case history: Ryfylke District Court no. 96-00296 - Gulating Court of Appeal LG-1999-00558 A - Supreme Court HR-2000-00933, civil appeal.

8 January 2002. Organised smuggling of humans II

The case concerned sentencing for the organised smuggling of humans, cf. the Aliens Act section 47, sub-section 3 (now sub-section 4). Case history: Halden City Court no. 00-00242 - Borgarting Court of Appeal LB-2000-02021 - Supreme Court HR-2001-01383, criminal appeal.

8 January 2002. Organised smuggling of humans.

The case concerned sentencing for the organised smuggling of humans, cf. the Aliens Act section 47, sub-section 3 (now sub-section 4). Case history: Tana and Varanger District Court no. 01-00069 - Hålogaland Court of Appeal LH-2001-00587 - Supreme Court HR-2001-01476, criminal appeal.

20 December 2001. Attempted rape.

The case concerned sentencing for attempted rape, cf. the Penal Code section 192, sub-section 1, second sentencing alternative, and application of section 64 of the Penal Code (sentencing in cases where a person who has already been sentenced is convicted of an offence committed before the sentence was pronounced). Case history: Kristiansand City Court no. 00-02074 - Agder Court of Appeal LA-2001-00642 M - Supreme Court HR-2001-01335, criminal appeal.

18 December 2001. Powers of the board of the port authority.

The first issue in the case was whether the board of a port authority appointed by the Ministry pursuant to section 12 of the Ports Act was empowered pursuant to section 17, sub-section 6, last sentence of that Act to agree to a settlement in a legal action concerning the eviction of a lessee from a property belonging to the port treasury. The second issue in the case was whether the board had indeed made a binding settlement agreement whereby the lessee was granted a continued right to rent. Case history: Oslo City Court no. 96-5099 A/74 and 96-6827 A/74 - Borgarting Court of Appeal LB-2000-00170 A/01 and LB-2000-00171 A701 - Supreme Court HR-2000-01430, civil appeal.

18 December 2001. Tax law. Summary joint pay settlement.

The case concerned the lawfulness of a decision by the taxation authorities concerning a summary joint pay settlement, more particularly whether the basis of computation for tax and employer's contributions was legally correct. Case history: Kristiansand City Court no. 99-01647 - Agder Court of Appeal LA-2000-01674 A - Supreme Court HR-2001-00719, civil appeal.

18 December 2001. Drugs

Aiding and abetting the possession of drugs. Case history: Romsdal District Court - Frostating Court of Appeal - Supreme Court HR-2001-00931, criminal appeal.

18 December 2001. Rape of a young girl.

The case concerned sentencing for rape of a 10-year-old girl. Case history- Moss City Court no. 99-00527 M - Borgarting Court of Appeal LB-2000-01395 M/03 - Supreme Court HR-2001-00972, criminal appeal.

18 December 2001. Sentencing. Attempted robbery, aggravated theft, drugs.

The case concerned sentencing for attempted robbery, aggravated theft and offences pursuant to drug legislation. Case history: Salten Court of Examination and Summary Jurisdiction no. 01-00038 - Hålogaland Court of Appeal LH-20001-00268 - Supreme Court HR-2001-01311, criminal appeal.

17 December 2001. Employer's liability in tort for occupational illness.

The case concerned whether an employer is liable for damages in tort pursuant to non-statutory principles of strict liability for an occupational illness contracted by an employee in the course of his employment. Case history: Gauldal District Court no. 99-00292 A - Frostating Court of Appeal LF-2000-00587 A - Supreme Court HR-2001-00395, civil appeal.

5 December 2001. Penal Code section 64, sub-section 1. Drugs and receiving.

The appeal concerned sentencing for a drug offence and several counts of receiving. The main issue in the case was whether the provisions of section 64 of the Penal Code concerning sentencing in cases where a person who has already been sentenced is convicted of an offence committed before the sentence was pronounced, was applicable. Case history: Haugesund City Court no. 00-00555 - Gulating Court of Appeal LG-2000-02448 M - Supreme Court HR-2001-00822, criminal appeal.

4 December 2001. Condictio indebiti. Recourse.

The issue in the case was whether a housing association could demand repayment of funds that the association's administrative manager had wrongly transferred from the association's bank account to a builder's bank account in settlement of a debt owed by the manager. Case history: Hallingdal District Court no. 214/99 A - Borgarting Court of Appeal LB-2000-02726 A/01 - Supreme Court HR-2001-00409, civil appeal.

4 December 2001. The Employment Act section 62

Case concerning the legality of a dismissal on the grounds of the employee's use of his employer's internet connection for private purposes. Case history: Eidsivating Court of Appeal - Supreme Court HR-2001-00608, civil appeal.

27 November 2001. Criminal law. Drug offence. Sentencing.

A 31-year-old man was sentenced to five years imprisonment for possession of 93 kg of hashish, cf. section 162 of the Penal Code. The majority of the Supreme Court found that the sentence should be reduced to four years in view of the fact that the appellant's dealings with the consignment had been limited, that this was an isolated incident and that he had no previous criminal convictions. Dissent 3:2. Case history: Oslo City Court no.00-5466 M/81 - Borgarting Court of Appeal LB-2001-00218 M/03 - Supreme Court HR-2001-00637, criminal appeal.

26 November 2001. Company law, company limited by shares.

The board of directors of a limited company had exceeded its powers and allotted shares in return for remuneration in kind. The question in the case was whether the allotment was binding on the company after the increase of capital had been registered in the Register of Business Enterprises, notwithstanding the board's breach, see the Limited Companies Act section 2-10. The Supreme Court found that the transgression of powers or competence consequent upon the allotment of shares contrary to section 10-14, sub-section 2 no. 4 of the Limited Companies Act, did not automatically lead to invalidity pursuant to general principles of contract law. The Court found that the situation in the present case fell outside the scope of the provision in section 2-10 of the Act. Case history: Oslo Court of Execution and Enforcement no. 00-02106 D - Borgarting Court of Appeal LB-2001-00297 K/04 - Supreme Court HR-2001-00586, civil interlocutory appeal.

23 November 2001. Tax law. Value added tax.

The main issue in the case was whether Norwegian Contractors AS was entitled to a tax deduction pursuant to the Value Added Tax Act section 21 for input VAT in connection with building work carried out at a marina. In the light of the travaux préparatoires to the Act and the Supreme Court's decision in Rt. 1985 p. 93, the provision had to be interpreted such that the determining issue was whether the payment had a natural and close connection to the business of the company. The Supreme Court found that deduction should be allowed, and therefore also had to determine whether investment duty was payable on the expenses pursuant to the Investment Duty Act section 1, cf. section 3. However, neither the wording of the provision nor the travaux préparatiores, case law or considerations of coherency appeared to infer such a duty. Case history: Oslo City Court no. 97-09110 A - Borgarting Court of Appeal LB-2000-01046 A/03, LB-2000-01047 A/03 - Supreme Court HR-2001-00199, civil appeal.

23 November 2001. Civil procedure. Legal interest (locus standi)

The case concerned dismissal of a legal action on the grounds that the plaintiff lacked sufficient legal interest (locus standi) to pursue an action, cf. the Civil Procedure Act section 54. The issue in the case was whether the plaintiff had a sufficiently strong and material interest in the action. The future implications of a judgement in favour of the plaintiff were deemed to be too hypothetical in nature to justify a right of action. The Supreme Court made remarks on the requirements of affiliation to the subject-matter of the action. Case history: Oslo City Court no. 00-00681 A/25 - Borgarting Court of Appeal LB-2000-03437 K/04 - Supreme Court HR-2001-00202, civil interlocutory appeal.

20 November 2001. Balance between freedom of expression and protection of reputation.

The case concerned a petition for a declaration of nullity of statements made to private individuals in good faith alleging that the defendant had been raped by the petitioner, and for damages for non-economic loss. Case history: Frostating Court of Appeal LF-2000-00460M - Supreme Court HR-2001-00019, private criminal appeal.

16 November 2001. Speeding offence measured by a laser speed gun.

The case concerned sentencing for a speeding offence and related to the question whether the court could base its decision on the result of a speed test carried out using a laser speed gun. Case history: Nordhordland District Court no. 98-00321 - Gulating Court of Appeal LG-1999-00846 - Supreme Court HR-2000-00504, criminal appeal.

16 November 2001. Speeding offence measured by a laser speed gun.

The appeal concerned sentencing for a speeding offence. The main issue in the case was whether the court could base its decision on the result of a speed test carried out using a laser speed gun. Case history: Kristiansand City Court no. 99-2136 M - Agder Court of Appeal LA-2000-00719 M - Supreme Court HR-2000-01511, criminal appeal.

16 November 2001. Mental Health Act section 3-3.

The case concerned a claim to be discharged from compelled mental health care. Case history: Eidsivating Court of Appeal - Supreme Court HR-2001-00621, civil appeal.

13 November 2001. Taxation Act 1911 section 53.

The issue in the case was whether the conversion of liabilities to share capital in the particular circumstances of the case was a "composition with creditors" pursuant to the Taxation Act 1911 section 53, sub-section 1, fifth sentence, which would imply that there was no right to carry over deficit. Case history: Oslo City Court - Borgarting Court of Appeal LB-1999-01791 A/03 - Supreme Court HR-2000-00942, civil appeal.

13 November 2001. Insurance Contracts Act section 18-5, sub-section 2.

The issue in the case was whether a claim for credit insurance must be deemed to have been forefeited if the time-limit pursuant to section 18-5, sub-section 2 of the Insurance Contracts Act of 16 June 1989 is exceeded. Case history: Eiker, Modum and Sigdal District Court no. 98-00222A - Borgarting Court of Appeal-1999-01424 A/02 - Supreme Court HR-2001-00158, civil appeal.

12 November 2001. Marriage Act section 59, sub-sections 1 and 2.

The case concerned a claim for irregular distribution of the marital estate pursuant to section 59, sub-sections 1 and 2 of the Marriage Act. Case history: Sandnes District Court no. 99-00515 - Gulating Court of Appeal LG-2000-00538 A - Supreme Court HR-2001-00120, civil appeal.

9 November 2001. Limited term employment. Duty of employee to join a trade union. Employment Act sec

The case concerned the validity of an employment contract of limited duration, cf. the Employment Act section 58 A no.1 a), and of a clause in the employment contract obliging the employee to be a member of a trade union associated to the Norwegian Federation of Trade Unions. If the limited term employment was valid and the contract had consequently validly come to an end, the issue arose whether the employee had the relevant legal interest in the outcome of the case to ask for judgement regarding the validity of the trade union membership clause in the contract. Case history: Oslo City Court no. 98-8641 A/20 - Borgarting Court of Appeal LB-1999-03247 A/01, LB-1999-03248 A/01 - Supreme Court HR-2000-01241, civil appeal.

9 November 2001. Penal Code section 162. Drug felony.

The case concerned sentencing for the importation of 201 kg hashish. Case history: Oslo City Court no. 00-06025 M/22 - Borgarting Court of Appeal LB-2000-03641 M/03 - Supreme Court HR-2001-00580, criminal appeal.

9 November 2001. Penal Code section 228. Sentencing. Assault.

The case concerned sentencing for the assault of a spouse. Case history: Sunnfjord District Court no. 2000-00511 - Gulating Court of Appeal LG-2000-02428 - Supreme Court HR-2001-00875, criminal appeal.

6 November 2001. Agency Act section 28.

The case concerned the right of a mercantile agent to severance pay pursuant to section 28 of the Agency Act upon the termination of the agency agreement. Case history: Oslo City Court no. 97-5489 A/63 - Borgarting Court of Appeal LB-2000-00423 A/02 - Supreme Court HR-2000-01503, civil appeal.

1. November 2001. Employment law. Dismissal.

The case concerned the lawfulness of the dismissal of a secondary school teacher who was dismissed on the grounds of lack of ability to co-operate and disloyalty towards his superiors and colleagues. Case history: Sunnmøre District Court no. 99-00463 A - Frostating Court of Appeal LF-2000-00136 A - Supreme Court HR-2001-00030, civil appeal.

1 November 2001. Corporate criminal liability, cf. Penal Code sections 48a and 48b.

The case concerned the criminal liability of the holding company of a newspaper. Case history: Stavanger City Court no. 00-1010 M - Gulating Court of Appeal LG-2000-02037 M - Supreme Court HR-2001-00426, criminal appeal.

1 November 2001. Sentencing. Penal Code section 229, third sentencing alternative, cf. section 232.

The case concerned sentencing for occasioning bodily harm with a particularly dangerous weapon that resulted in serious injury. Case history: Nord-Østerdal District Court no. 00-00142 M - Eidsivating Court of Appeal LE-2000-00970 M - Supreme Court HR-2001-00955, criminal appeal.

31 October 2001. Penal Code section 34.

The case concerned the confiscation of the profits of crime in a narcotics case. Case history: Sand District Court no. 00-00506 - Agder Court of Appeal LA-2001-00292 M - Supreme Court HR-2001-00831, criminal appeal.

30 October 2001. Proceedings in camera.

The issue in the case was whether an accusation of rape can be declared null and void and thereby constitute grounds for damages for non-economic loss, cf. Chapter 23 of the Penal Code. Case history: Supreme Court HR-2001-00019, private criminal appeal.

30 October 2001. Penal Code section 29. Criminal Procedure Act sections 342 and 343.

The case concerned loss of public office as a police sergeant. Case history: Hedmarken District Court no. 00-00330 M - Eidsivating Court of Appeal LE-2000-00410 M - Supreme Court HR-2001-00165, criminal appeal.

30 October 2001. Penal Code section 195, sub-section 1, second sentencing. alternative

The case concerned sentencing for offences against the Penal Code section 195, sub-section 1, second sentencing alternative (sexual assault of a child under 14 years of age), where a 26-year-old man had sexual intercourse with a girl aged 13 years and 8 months. Case history: Eidsivating Court of Appeal - Supreme Court HR-2001-00468, criminal appeal.

29 October 2001. Penal Code section 39.

The case concerned extension of preventive detention pursuant to section 39 of the Penal Code. Case history: Oslo City Court no. 98-04628 M/17 - Borgarting Court of Appeal LB-1998-03279 M/01 - Supreme Court HR-2001-00193, criminal appeal.

26 October 2001. Penal Code section 255, cf. 256 and Penal Code section 182.

The case concerned the sentencing of a nurse who had been convicted of gross embezzlement of a patient's money. Case history: Sør-Gudbrandsdal District Court no. 00-00170 - Eidsivating Court of Appeal LE-2001-00005 M - Supreme Court HR-2001-00793, criminal appeal.

17 October 2001. The Lugano Convention.

The case concerned whether Sveriges Television AB and a Swedish journalist could be sued in Norway pursuant to Article 5(3) of the Lugano Convention for damages for defamatory statements made in a Swedish television programme that could also be received in large parts of Norway. Case history: Hålogaland Court of Appeal - Supreme Court HR-2000-00799, civil interlocutory appeal.

16 October 2001. The Insurance Companies Act 1911 sections 73 and 75.

The case concerned a dispute between an employer and the employees about the management and disposal of moneys in a collective pension insurance premium fund. Case history: Asker and Bærum District Court no. 97-251 A/02 - Borgarting Court of Appeal LB-1999-02889 A/03 - Supreme Court HR-2000-01289, civil appeal.

12 October 2001. The Limited Companies Act 1976 section 17-1, sub-section 3, cf. section 2-9.

The case concerned the criminal liability of an auditor who had negligently made an incorrect statement relating to the payment of share capital, see the Limited Companies Act 1976 section 17-1, sub-section 3, cf. section 2-9, sub-section 3, second sentence. Case history: Borgarting Court of Appeal - Supreme Court HR-2001-00313, criminal appeal.

11 October 2001. Taxation Act 1911 section 54, sub-section 2.

The case concerned the validity of the ruling of the Petroleum Tax Appeal Board of 20 March 1995 relating to Norsk Agip AS. The ruling confirmed the tax assessments for the fiscal years 1983-1987 where the tax office had reduced deductions claimed by Norsk Agip for premiums for insurance against physical damage to the company's share of installations on the Ekofisk oil field pursuant to section 54, sub-section 1 of the Taxation Act 1911. The reductions for the two years to which the case before the Supreme Court related amounted to NOK 27 million for 1986 and NOK 14 million for 1987, i.e. a total of NOK 41 million. The reduction increased Norsk Agip's income tax liability for the two years by NOK 32 million, since the tax rate was 80 %. Case history: Petroleum Tax Appeal Board PSK-19950320-C - Oslo City Court no. 95-07011 A/57 - Borgarting Court of Appeal LB-1998-00404 A/03 and LB-1998-00405 A/03 - Supreme Court HR-2000-00419, civil appeal.

11 October 2001. Construction law. Tender. Contract law.

The case concerned whether PEAB AS (a construction company) had a claim in tort against Gate Gourmet Norway AS following a tender competition. The main issues in the case were whether a construction contract had in fact been entered into and, if not, whether the builder on the basis of the law relating to tenders was entitled to reject the tender. Case history: Asker and Bærum District Court no. 98-01138 A/01 - Borgarting Court of Appeal LB-1999-02580 A/02 - Supreme Court HR-2000-01279, civil appeal.

5 October 2001. The Tort Act section 2-1.

The case concerned liability in tort for the owners of a ski slope following a skiing accident that occured outside the prepared area. Case history: Gulating Court of Appeal LG-1999-00159 - Supreme Court HR 2000-01337, civil appeal.

5 October 2001. Employment Act section 66.

The case concerned the termination date and the measure of damage for unlawful summary dismissal pursuant to section 66 no. 5 of the Employment Act, in circumstances where the court had found that the employment should be terminated on the grounds that the conditions for lawful dismissal (with notice) were satisfied, see section 66 no. 4, third sentence. Case history: Stavanger City Court no. 99-00252 - Gulating Court of Appeal LG-1999-02166 - Supreme Court HR-2001-00113, civil appeal.

4 October 2001. The Rural Common Land Act section 1-1.

The case concerned whether the State was the owner of an outlying area comprising 116 sq.km. at the north of Manndalen in the local authority of Kåford in the County of Troms, and discussed, inter alia, the conditions for the acquisition of property rights by prescription. Case history: The Outlying Lands Commission for Nordland and Troms - Supreme Court HR-2001-00005B no. 340/1999.

4 October 2001. Pension rights.

The case concerned an employee's pension rights against his employer, Forbrukersamvirket Svalbard BA (The Consumers Co-operative Spitzbergen BA), now Coop Svalbard BA. Case history: Nord Troms District Court no. 99-476 A - Hålogaland Court of Appeal LH-2000-00155 A - Supreme Court HR-2000-01484, civil appeal.

3 October 2001. Taxation Act 1911 sections 36 and 37. Tax Assessment Act section 7-1.

The case concerned the validity of a decision of the Oslo Tax Appeal Board concerning the determination of the taxable value of the residential properties belonging to Skjønhaug housing co-operative for the years 1993-1995, and Slåttevangen housing co-operative for 1993. Case history: Oslo City Court no. 98-11381 A/52 - Borgarting Court of Appeal LB-2000-00431 A/02 - Supreme Court HR-2000-01532, civil appeal.

2 October 2001. Maritime Act section 161.

The issue in the case was whether liability following a collision between two trawlers in the fish preservation area outside Spitzbergen should be sole or joint, and in the latter case how liability should be apportioned, see the Maritime Act section 161 and the Maritime Navigation Rules. Case history: Trondenes District Court no. 98-419 - Hålogaland Court of Appeal LH-1999-00470 and LH-1999-00480 - Supreme Court HR-2000-01220, civil appeal.

1 October 2001. Taxation Act 1911 section 52-1.

The case concerned the basis for calculating the income tax allowance that a co-operative could claim for appropriation of jointly owned capital contributions from limited partners, and was related to the interpretation of section 52-1 of the Taxation Act of 1911, now section 10-50 of the current Taxation Act. Section 52-1, second sentence provides that allowance can be given for up to 15% of the income. The question was whether the allowance should be calculated on the co-operative's total income, or only on that part which stemmed from trade with members. Another issue was whether the allowance should be calculated on the income after deduction for sums paid out to members in the form of membership bonus. Case history: Oslo City Court no. 99-01137 A/18 - Borgarting Court of Appeal LB-2000-00879 A/03 - Supreme Court HR-2001-00042, civil appeal.

28 September 2001. Creditors Security Act section 8-7.

The case concerned whether a creditor in Hilmar A. Reksten's decedent estate in bankruptcy, who had received partial settlement from a joint and several debtor, was entitled to receive a dividend from a provisional pay-out from the estate, cf. Creditors Security Act section 8-7, sub-section 3. Case history: Bergen Probate Court no. 92-00432 - Gulating Court of Appeal LG-1998-01640 - Supreme Court HR-2000-01403, civil appeal.

20 September 2001. Creditors Security Act sections 5-5 and 5-9.

The case concerned the setting aside of transactions in bankruptcy pursuant to the Creditors Security Act sections 5-5 and 5-9. Case history: Toten District Court no. 98-002229 A - Eidsivating Court of Appeal LE-1999-00390 A - Supreme Court HR-2000-00427, civil appeal.

19 September 2001. Civil Procedure Act section 54.

Interlocutory appeal concerning the conditions for legal interest (locus standi) in a subsequent action pursuant to Chapter 30 of the Civil Procedure Act concerning the validity of administrative decisions. Case history: Borgarting Court of Appeal - Supreme Court HR-2000-01406, civil interlocutory appeal.

17 September 2001. Criminal Law. Duty to keep dogs on a leash. Game Act section 56 ef. section 52 su

section 52 sub-section 2. The issue in the case was whether there is authority in Lapp customary law or custom for an exception to the general duty to keep dogs on a leash pursuant to the Game Act. Case history: Tana and Varanger District Court no. 99-658 M - Hålogaland Court of Appeal LH-2000-00299 - Supreme Court HR-2000-00944, criminal appeal.

30 August 2001. Tax law. Tax assessment. Company law. Limited company.

The case concerned the validity of two tax assessments, in particular assignment of income pursuant to section 42, sub-section 1 of the Taxation Act 1911, and the right of a limited company to tax allowance for dividends unlawfully awarded pursuant to the former Share Taxation Act section 8. Case history: Sunnmøre District Court no. 98-00233 - Frostating Court of Appeal LF-1999-00465 A, LF-1999-00466 A - Supreme Court HR-2000-00770 and HR-2000-00772, civil appeal.

30 August 2001. Contract law. Tender for public services. Compensation for loss of promise. Public A

An applicant for a tender claimed that he had been passed over in a tender competition announced by a county council. The Supreme Court discussed to what extent the county council had made mistakes in the tender competition. Compensation for loss of promise could only be awarded if the county council could be blamed for having committed a substantial mistake. When considering this, the Court must give due regard to the nature and scope of the mistake and to the extent to which the contractor could be blamed. Furthermore, causation must be proved on a balance of probabilities. The Court found on the facts that the conditions were fulfilled, and awarded compensation for loss of promise. Case history: Romsdal District Court no. 98-00364 A - Frostating Court of Appeal LF-1999-00942 A - Supreme Court HR-2000-01135, civil appeal.

22 August 2001. Public administration law. Social security law. Judicial review of administrative ac

The Supreme Court found that a person who had been awarded 50% invalidity pension could not by way of judicial review of the award be given judgement for entitlement to full invalidity pension. After having reviewed the relevant sources of law, the Supreme Court concluded that there was no general rule in Norwegian law that the courts when reviewing statute-bound administrative decisions could give judgement on the substantive issue. Nor did Article 6 no. 1 of the European Convention on Human Rights entitle the applicant to a substantive decision from the court following its review of the administrative action. Case history: Social Security Tribunal - Gulating Court of Appeal - Supreme Court HR-2000-01298, civil appeal.

22 August 2001. Public administration law. Education. International law.

The case concerned the validity of administrative decisions refusing applications from a group of parents for full dispensation for their children from the primary school subject "Christian Knowledge and Religious and Ethical Education" ("KRL"). The Norwegian Humanist Association had also lodged an appeal, but their appeal was dismissed on the grounds of lack of legal interest in the outcome of the case. The issue in the case was whether KRL and the right to only limited dispensation was in breach of Norway's obligations in international law concerning protection of freedom of thought, conscience and religion. The Supreme Court made a number of general remarks on the relationship between international law and domestic law, including the application of the precedence principle in section 3 of the Human Rights Act. The limited right of dispensation was found not to be in breach of international human rights conventions. Case history: Oslo City Court no. 98-02587 A/55 - Borgarting Court of Appeal LB-1999-02982 A/03 - Supreme Court HR-2000-01533, civil appeal.

22 August 2001. Criminal law. Sexual offence. Sentencing.

A 46-year-old man was sentenced to 18 months imprisonment following conviction for breach of the Penal Code sections 198 (sexual offence by misuse of position) and section 198, cf. section 49 (attempt), cf. sections 62 and 64 (sentencing for concurrent offences and recidivism). The defendant had abused his position as a driving instructor to commit sexual offences against female pupils. A majority of the Supreme Court (3 justices) dismissed the appeal, while a minority of the Court (2 justices) found that the sentence ought to be reduced to 6 months imprisonment. Case history: Sør-Sunnmøre District Court - Frostating Court of Appeal - Supreme Court HR-2001-00381, criminal appeal.

21. August 2001. Criminal law. Road traffic law. Manslaughter. Procedure. Application of law.

A 53-year-old man was convicted of breach of section 239, first sentencing alternative of the Penal Code (manslaughter) and section 31, cf. section 3 of the Road Traffic Act (negligent breach of the Road Traffic Act resulting in serious injury or death), cf. section 62 of the Penal Code (sentencing for concurrent offences). The defendant had overtaken another car in difficult weather and driving conditions. The car which he was driving left the road and overturned. A child who sat unsecured in the back seat was killed. The Supreme Court found that the Court of Appeal's description of the facts was unclear on several important points, and that this affected the Court's ability to adjudge whether the defendant had been negligent. The Court found therefore that it had an insufficient basis upon which to review the application of law, and the conviction was quashed on the premise that the grounds for the judgement were inadequate, see the Criminal Procedure Act section 343, sub-section 2 no. 8. Case history: Eidsvoll District Court no. 99-00767 M - Eidsivating Court of Appeal LE-2000-00333 M - Supreme Court HR-2001-00140, criminal appeal.

21. August 2001. Criminal law. Bodily harm. Threats. Violence against a public servant. Sentencing.

A 33-year-old man had been a drug abuser from he was 16 years old. He had 25 previous convictions, mainly for drug-related offences but also including three counts of violence. He appealed against conviction for breach of sections 127, 128, sub-section 1 and 229 of the Penal Code for an act of violence against and occasioning bodily harm to a policeman in connection with an arrest. During the arrest, the defendant had threatened the policeman with a pistol and bitten his arm. The Supreme Court dismissed the appeal and found that the rehabilitation program that the defendant was following, including treatment with methadone, did not give cause to suspend part of the sentence. Case history: Gulating Court of Appeal LG-2001-00421 - Supreme Court HR-2001-00421, criminal appeal.

29. June 2001 Nurses Pension Fund Act section 1, Limitation Act section 2

Case concerning a claim for the employer to make payment in arrears of the employer's contribution of the pension premium to the Nurses Pension Fund, cf. the Nurses Pension Fund Act of 22. June 1962 no. 12. Case history: Drammen City Court no. 98-00776 A - Borgarting Court of Appeal LB-1999-00367 A/01 and LB-1999-00790 A/01 - Supreme Court HR-2000-00826, civil appeal.

28. June 2001 Road Traffic Act section 22 (driving a motor vehicle whilst intoxicated)

Case concerning the driving of a motor vehicle whilst under the influence of drugs. Case history: Frostating Court of Appeal - Supreme Court HR-2001-00205, criminal appeal.

28. June 2001 Penal Code section 162 (drug felony)

Sentencing for a drug felony. Case history: Trondheim City Court no. 2000-01115 - Frostating Court of Appeal LF-2000-01001 M - Supreme Court HR-2001-00215, criminal appeal.

28. June 2001 Penal Code section 239, first sentencing alternative

(negligently causing the death of another person) Sentencing for a motoring accident, where a cyclist was run down and killed on a pedestrian crossing. Case history: Romerike District Court no. 99-0478 - Eidsivating Court of Appeal LE-2000-00344 M - Supreme Court HR-2001-00255, criminal appeal.

27. June 2001 The Taxation Act 1911 sections 42

(definition of income) and 53 (allowance for deficits in previous years) Case concering the fiscal treatment of so-called preferential capital injected by Forretningsbankenes Sikringsfond (The Commercial Banks' Guarantee Fund) and Statens Banksikringsfond (The State Bank Insurance Fund) into Christiania Bank & Kreditkasse and Den norske Bank ASA during the bank crisis, which was written down to zero. Case history: Oslo City Court no. 97-01892 A/26 and 97-01934 A/44 - Eidsivating Court of Appeal LE-1999-00252 A and LE-1999-00253 A - Supreme Court HR-2000-01064, and HR-2000-01066, civil appeal.

27. June 2001 The Intellectual Property Act sections 2 and 39

Case concerning a dispute between Posten Norge BA (The Norwegian Post Office) and the artist of a detail on a postage stamp relating to the proprietary rights to a proof print of postage stamps produced at the engraving stage, prior to the production of an approved proof print. Case history: Oslo City Court no. 98-6556 A - Borgarting Court of Appeal LB-2000-00389 A/03 - Supreme Court HR-2000-01487, civil appeal.

22. June 2001 Road Traffic Act section 22, sub-section 1. Drink-driving.

Case concerning the interpretation of section 22, sub-section 1 of the Road Traffic Act, which, at the relevant time, provided that the driver of a motor vehicle in any event shall be deemed to be under the influence of alcohol if he has an alcohol concentration on his breath in excess of 0.25 milligrams per litre air. (This provision was amended by a statutory amendment of 22. September 2000, and the applicable limit as per 1. January 2001 is 0.1 milligram alcohol per litre air). Case history: Drammen City Court no. 2000-361 M - Borgarting Court of Appeal LB-2000-01623 M/03 - Supreme Court HR-2001-00173, criminal appeal.

21. June 2001 The Reindeer Farming Act 1978 section 2. Right of grazing for reindeer.

Case concerning a dispute as to whether two reindeer grazing districts (Essand and Riast/Hylling) had grazing rights for their reindeer in privately owned outlying areas within the district boundaries in Selbu local authority in the county of Sør-Trøndelag. Case history: Midt-Trøndelag District Court no. 95-00379 A - Frostating Court of Appeal LF-1998-01085 A - Supreme Court HR-2001-00004B, no. 365/1999.

18. June 2001 Article 97 of the Constitution

The issue in the case was whether a statutory amendment concerning the taxation of personal income for active owners of limited companies had been given retroactive effect in breach of Article 97 of the Constitution. Case history: Asker and Bærum District Court no. 98-00302 A/02 - Borgarting Court of Appeal LB-1999-00927 A/02 - Supreme Court HR-2000-00887, civil appeal.

18. June 2001 Sentencing for insurance fraud.

Case concerning sentencing for insurance fraud. Case history: Karmsund District Court no. 00-00367 - Gulating Court of Appeal LG-2000-01461 - Supreme Court HR-2001-00012, criminal appeal.

15. June 2001 The Mental Health Act 1999 section 3-3

Case concerning a claim by a patient to be discharged from compelled mental health care. Case history: Trondheim City Court - Supreme Court HR-2000-00842, civil appeal.

11. June 2001 Penal Code section 231, cf. sections 232 and 64

(grievous bodily harm with intent, and sentencing for offences committed during a probation period). Case history: Gulating Court of Appeal - Supreme Court HR-2001-00257, criminal appeal.

6. June 2001 Sentencing for bodily harm and robbery.

Case history: Oslo City Court no. 99-11151 M/43 - Borgarting Court of Appeal LB-2000-01715 M/02 - Supreme Court HR-2001-00183, criminal appeal.

1. June 2001 Sentencing for aggravated robbery (taxi robbery).

Case history: Stavanger City Court - Gulating Court of Appeal - Supreme Court HR-2001-00364, criminal appeal.

30. May 2001 The Marriage Act section 65

Case concerning judicial modification pursuant to section 65 of the Marriage Act of an agreement between the spouses concerning the division of joint property. Case history: Oslo City Court no. 97-2914 - Borgarting Court of Appeal LB-1999-03740 A and LB-1999-03741 A - Supreme Court HR-2000-01151, civil appeal.

23. May 2001 The Maritime Act section 254, sub-section 4

The case before the Supreme Court concerns the validity of a clause disclaiming liability for damage to live fish under sea transport. The case relates to the interpretation of section 254, sub-section 4 of the Maritime Act, which prescribes the circumstances in which the parties can contract out of the rules laid down in the Act relating to the liability of the carrier. Case history: Vardø District Court no. 98-164 A - Hålogaland Court of Appeal LH-1999-00443 - Supreme Court HR-2000-00931, civil appeal.

23. May 2001 Inheritance Act section 21

Case concerning an application for distribution of an undivided estate on the grounds that certain inheritors had been given unfair preference. Interpretation of section 21, sub-section 2 of the Inheritance Act concerning the power of the surviving spouse to distribute the deceased's undistributed estate. Case history: Sand District Court no. 99-00061 - Agder Court of Appeal LA-1999-01546 A - Supreme Court HR-2000-01471, civil appeal.

23. May 2001 Criminal Procedure Act section 296

296 (the oral evidence rule), European Convention on Human Rights Article 6 (right to a fair trial) Case concerning three questions of procedure in the Court of Appeal's dealing of a criminal case. The first issue relates to questions directed to the accused by the presiding judge. The second issue concerns the Court's decision to permit a witness's judicial testimony and statement to the police to be read aloud. The third issue concerns the presiding judge's summing-up and directions to the jury. Case history: Oslo City Court no. 98-05852 M/65 - Borgarting Court of Appeal LB-1999-00500 M/02 - Supreme Court HR-2001-00163, criminal appeal.

23. May 2001 Community service for acquiring and using hashish

Penal Code section 28a (community service jurisdiction). Sentencing. Case history: Agder Court of Appeal LA-2000-01575 - Supreme Court HR-2001-00221, criminal appeal.

15. May 2001 Sentencing. Drug case.

Penal Code sections 162 (drug felony) and 64 (sentencing for offences committed during a probation period). Case history: Sandnes District Court no. 99-00615 - Gulating Court of Appeal LG-2000-01471 M - Supreme Court HR-2001-00309, criminal appeal.

10. May 2001. The Compulsory Purchase Compensation Act of 1984 section 5.

Case concerning appeal against the reassessment of compensation for compulsory purchase of an area of land which, in the local development plan, was regulated as recreational ground. The issue before the Supreme Court was whether, in the application of the "park principle", compensation should reflect the level of prices in the neighbourhood even though the land was not suitable as building land. Case history: Skien and Porsgrunn City Court no. 98-00118 B - Agder Court of Appeal LA-1999-00167 B - Supreme Court HR-2000-01054, civil appeal.

10. May 2001. Penal Code section 233 (murder)

Case concerning sentencing for attempted murder. Case history: Oslo City Court no. 99-10186 M/41 - Borgarting Court of Appeal LB-2000-01323 M/03 - Supreme Court HR-2001-00055, criminal appeal.

9. May 2001. Criminal Procedure Act section 294

(ex officio duty of the court to ensure that the facts are clarified). The Supreme Court decided that the appeal proceedings should be adjourned and a new hearing date fixed. Case history: Oslo City Court No. 98-04628 M/17 - Borgarting Court of Appeal LB-1998-03279 M/01 - Supreme Court HR-2001-00193, criminal appeal.

4. May 2001. The Tax Assessment Act section 8-1, The Taxation Act of 1911

Case concerning the validity of an administrative decision of the tax assessment board concerning the value of the goodwill in a single share-owner company acquired by a limited company. Case history: Salten District Court no. 98-1371 A - Hålogaland Court of Appeal LH-2000-00065 - Supreme Court HR-2000-01214, civil appeal.

27. April 2001. Penal Code section 192 (rape), criminal procedure.

The issue before the Supreme Court was whether the judgement of the court of appeal had to be quashed because the decision of the jury was self-contradictory, or it was uncertain whether the jury had understood what was necessary in order to convict. Case history: Sarpsborg City Court - Borgarting Court of Appeal LB-1999-03487 M/01 - Supreme Court HR-2000-01510, criminal appeal.

26. April 2001. Trade union law.

The case concerned a dispute over a local trade union's withdrawal of it's membership from a parent trade union association in contravention of the association's rules. The rules provided that withdrawal could only take place after the local union had held two separate ballots six months apart, where at least a two-third majority had voted in favour of the withdrawal at each of the ballots. Case history: Stavanger City Court no. 97-0838 A - Gulating Court of Appeal LG-1998-02028 - Supreme Court HR-2000-00328, civil appeal.

24. April 2001. The Marriage Act sections 59, 60 and 69.

B was a doctor who ran a gynaecology clinic in the town of Lillehammer. The business was originally run as a one-man firm, thereafter as a limited company with effect from 1st January 1995. B and his wife, A, separated in 1996. The issue before the Supreme Court was whether claims that B had against the company at the time of the breakdown of the marriage for goodwill and allocated dividends, together with the value of his shares in the company, should form part of the matrimonial estate and, if so, how they were to be valued. Case history. Sør-Gudbrandsdal District Court no. 98-00251 - Eidsivating Court of Appeal LE-1999-00453 - Supreme Court HR-2000-00681, civil appeal.

19. April 2001. The Allodial Rights Act section 23 cf. sections 1 and 3

The issue in the case was whether the right of redemption to a registered part of an allodial property had lapsed because the said part of the property had for many years only been used for quarrying sand and gravel, and would be used for this purpose in the future. See the Allodial Rights Act section 23 cf. sections 1 and 3. Case history: Skien and Porsgrunn District Court no. 99-00943 A - Agder Court of Appeal LA-1999-01808 A - Supreme Court HR-2000-01023, civil appeal.

19. April 2001. The Allodial Rights Act section 23 cf. section 1

Case concerning an allodial claim for an ideal 4/5 part of a property in Bykle local authority. The issue in the case was whether the requirement in the Allodial Rights Act section 23 cf. section 1 that the property must be used for agricultural purposes, was fulfilled. Case history: Kristiansand District Court no. 98-00537 - Agder Court of Appeal LA-1999-01233 A Supreme Court HR-2000-01276, civil appeal.

18. April 2001. Road Traffic Act section 31a (summary fines for certain minor traffic offences).

Regulations concerning personal safety equipment whilst driving, etc. Case concerning further appeal against an interlocutory decision concerning the interpretation of certain regulations (delegated legislation) passed pursuant to the Road Traffic Act that proscribe the use of seat-belts and authorise the imposition of summary fines by the police for failure to do so. Case history: Sunnfjord Court of Examination and Summary Jurisdiction no. 00-00400 - Gulating Court of Appeal LG-2000-01757 - Supreme Court HR-2000-01276 civil appeal

4. April 2001. The Petroleum Tax Act sections 1 and 2

Case concerning the tax liability in Norway for a Swedish Company for income from a catering business carried out on the Norwegian continental shelf in circumstances where the catering was undertaken by another company as sub-contractor. Case history: Stavanger City Court - Gulating Court of Appeal LG-1998-01695 - Supreme Court HR-2000-00327, civil appeal.

4. April 2001. Penal Code section 233 (murder).

Criminal Procedure Act section 294 (ex officio duty of the court to ensure that the facts are clarified). Premeditated murder of a taxi-driver. Appeal against procedure and sentencing by one of the parties to the Court of Appeal. The hearing of the appeal ought to have been adjourned to give the accused - if possible - the opportunity to testify before the court. The Supreme Court quashed the judgement and appeal hearing in the Court of Appeal. Case history: Nedre Romerike District Court no. 99-011238 M - Eidsivating Court of Appeal LE-2000-00350 M - Supreme Court HR-2000-01441, criminal appeal.

3. April 2001. The Boycott Act section 1.

In the spring of 1998, there was a strike in the transport industry. A business that was not involved in the strike brought a claim against the trade union for damages for loss resulting from the blockade of action taken by the business to combat the harm that it suffered because the employee's at one of the business's contractual parties were on strike. Case history: Trondheim City Court no. 98-01425 A - Frostating Court of Appeal LF-1999-00643 A - Supreme Court HR-2000-00618, civil appeal.

23. March 2001. Criminal law. Tort. Defamation. Damages for non-economic loss. Procedure.

Case concerning a claim against the State for damages for non-economic loss. In connection with the appointment of a head of department of a district court, the Ministry of Justice had, upon the request of the chief justice of the court, obtained and passed on information about one of the applicants from the Register of Criminal Records. The Ministry did not have the requisite authority to obtain the information, and the passing on of the information was in breach of rules of procedure of the Register of Criminal Records Act. The communication of the information was not deemed to be unreasonable in the terms of section 249 no. 2 of the Penal Code (defences to defamation), and there was no unlawful defamation. There was therefore no grounds for damages pursuant to section 3-6 of the Damages Act (damages for defamation and breaches of privacy). Nor did a claim for damages pursuant to section 3-5 of the Damages Act succeed (damages for non-economic loss). There had been a breach of Article 8 of the European Convention on Human Rights (right of privacy), but there was no cause for the Court to award damages pursuant to Article 13 (right to an effective remedy in the exercise of Convention rights). The costs rules of the Criminal Procedure Act must be considered and applied in the light of the Convention. Case history: Borgarting Court of Appeal - Supreme Court HR-2000-00793, civil appeal.

23. March 2001. Criminal law. Road traffic law. Sentencing.

A 49-year-old man was sentenced to 21 days unconditional imprisonment for having run down a pedestrian on a footpath. The pedestrian suffered serious personal injury. In dismissing the appeal, the Supreme Court discussed the relationship between this and several previous similar cases, and also commented upon the standard of sentencing for breach of the Penal Code section 228 (assault) and section 229 (bodily harm) on the one hand, and section 3 of the Road Traffic Act (motorists general duty of care) on the other. Case history: Drammen Court of Examination and Summary Jurisdiction no. 99-01410 F - Borgarting Court of Appeal LB-2000-00263 M/01 - Supreme Court HR-2000-01100, criminal appeal.

23. March 2001. The Patent Act section 1 and the Patent Office Act section 7

On 30th September 1991, Norsk Hydro applied in its capacity as the inventor's legal successor, for patent for a mechanical device for use on drilling or production ships. The application was turned down by the Patent Office. The case concerned the validity of the decision made by the Second Chamber of the Patent Office in an appeal case of 20. January 1997. Case history: Oslo City Court no. 97-02625 A/50 - Borgarting Court of Appeal LB-1998-03129 A/01 - Supreme Court HR 2000-01107, civil appeal.

21. March 2001. The Employment Act section 46 (normal working hours).

The issue in the case was when working hours commence and end for two particular groups of employees - 23 day workers and 143 shift workers - at the Norwegian State Oil Company's plant at Kårstø and, in that connection, the scope of the employer's management prerogative. Case history: Karmsund District Court no. 98-00217 and 98-00218 - Gulating Court of Appeal LG-1999-00366 and LG-1999-00367 - Supreme Court HR-2000-00868, civil appeal.

20. March 2001. Criminal law. Indecency. Sentencing.

A man appealed against sentence after having been convicted of indecent assault of his granddaughter from the age of four until fourteen, cf. the Penal Code section 195 sub-section 1, second alternative (indecent assault of a child under 14 years old including sexual intercourse) and section 207 sub-section 1, second alternative (incest including sexual intercourse), cf. section 62 (sentencing for concurrent offences). The Supreme Court dismissed the appeal. In sentencing, the Supreme Court attached particular emphasis to the enormity of the assaults that had taken place over a long period of time, and to the fact that the victim had suffered serious mental injury. The passage of time, the defendant's senior years and the fact that he was mentally weak could not in the circumstances be accorded particular weight in sentencing. Case history: Fredrikstad District Court no. 00-01062 M - Borgarting Court of Appeal LB-2000-00942 M/01 - Supreme Court HR-2000-01302, criminal appeal.

20.March 2001. Criminal law. Indecency. Competence. Sentencing

A 31-year-old man was convicted in the district court for one count of rape including sexual intercourse, whilst the Court of Appeal found him guilt on two counts, cf. the Penal Code 192, sub-section 1, first sentence, second sentencing alternative (rape including sexual intercourse), cf. the Penal Code section 213 (definition of sexual intercourse). Referring to § 62 of the Penal Code (sentencing for concurrent offences), the Court of Appeal passed a sentence of imprisonment for a term of three years and three months. In its consideration of the sentence, the Supreme Court took as its point of departure the fact that the level of sentences for a number of categories of rape has increased during recent years. The assault inflicted on the victim in the last incident of rape had been so extensive and prolonged that it was irrelevant that the defendant and the victim had been living together until then. The professional judges were found not to be incompetent to deal with the case notwithstanding that the public prosecutor who had prosecuted on behalf of the State was appointed as a judge on the bench of the court of appeal before which the case had been heard. Case history: Sunnfjord District Court no. 99-00549 - Gulating Court of Appeal LG-2000-00796 - Supreme Court HR-2001-00010, criminal appeal.

19.March 2001. Property law. Right of commonage.

Case concerning the lapse of timber rights in crown lands in relation to a property where it was purported that there had been no agricultural activity on the property for a consecutive period of five years, see the Crown Lands Act section 2-6, sub-section 1 no. 1 litra b. The Supreme Court found that agricultural activity could not be deemed to have ceased in accordance with the criteria laid down in the preparatory works to the Act. Furthermore, the property also had the appearance of an agricultural property, so that the Crown Lands Act section 2-6, sub-section 1 no. 2 did not apply. Case history: Gauldal District Court no. 98-00138 A - Frostating L/R LF-1999-00826 A - Supreme Court HR-2000-01146, civil appeal.

19. March 2001. Criminal procedure. Criminal law.

In pursuance of the Criminal Procedure Act section 160a, cf. the Prosecution Rules section 11a-2, the public prosecutor in Rogaland decided that a man who had been convicted in the district court inter alia for breach of section 162 of the Penal Code (drug felony) should be registered in the central DNA Register. The Supreme Court found that neither the wording of section 160a of the Criminal Procedure Act nor the preparatory works to the Act, nor the fact that a person might find such registration burdensome, could substantiate a right of appeal against the prosecutor's decision. Nor could a right of appeal be based on Articles 8 (right to respect for private life) and 13 (right to an effective remedy for breach of Convention rights) of the European Convention on Human Rights. Case history: Gulating Court of Appeal - Supreme Court HR-2001-00003, criminal interlocutory appeal.

16. March 2001. The Sale of Real Property Act section 4-12, cf. sections 3-9 and 3-7

The dispute concerned a claim for a price reduction for defects pursuant to the Sale of Real Property Act section 4-12, cf. section 3-9 first sentence, cf. section 3-7. The pertinent issue was whether the vendor of real property can be identified with the engineer/valuer who has prepared the survey in connection with the sale. Case history: Skien and Porsgrunn District Court no. 98-00855 A - Agder L/R LA-1999-00362 A - Supreme Court HR-2000-00393, civil appeal.

16. March 2001. The Occupational Pension Scheme Regulation section 14

The Limitation Act § 10 Case concerning a claim for the apportionment of capital in a premium fund accumulated under a private occupational pension scheme and governed by the rules applicable prior to the current Business Pension Schemes Act of 24. March 2000 no. 16. Case history: Asker and Bærum District Court no. 98-00660 A - Borgarting Court of Appeal LB-1999-00912 A/02 - Supreme Court HR-2000-00628, civil appeal.

14. March 2001. Maritime law. Collision.

A car ferry, "Strand", and a bulk ship, "Vitin", collided in the Hille Fjord. Strand had a duty to give way, whilst Vitin in principle was under a duty to maintain its course and speed in accordance with the navigation rules. On the basis of the Maritime Act section 161 and Rules 15 and 17 of the Rules of Navigation at Sea, the Supreme Court found, like the lower courts, that there was no cause to share the blame since Vitin could not be reproached for not taking precautionary measures by changing its manoeuvres. Case history: Stavanger District Court no. 1998-00407 - Gulating Court of Appeal LG-1999-00414 - Supreme Court HR-2000-00400, civil appeal.

14. March 2001. The Marriage Act sections 68 and 69.

Case concerning the appropriate date for the valuation of the matrimonial home in a public division of the matrimonial estate, and the claim for rent by one spouse against the other, see the Marriage Act sections 68 and 69. Case history: Oslo City Court, Probate Division - Borgarting Court of Appeal LB-1999-03736 A - Supreme Court HR-2000-01071, civil appeal.

13. March 2001. Criminal law. Indecency. Threats. Preventive detention. Sentencing.

A 42-year-old man was sentenced in the Court of Appeal to four years imprisonment for rape, (cf. Penal Code section 192, sub-section 1, second sentencing alternative) and threats (cf. Penal Code section 227, sub-section 1) in addition to a number of other offences for which he had been found guilty in the District Court. The Supreme Court found that the risk that the defendant would again commit acts of a similar nature was so real that it was justified in granting the prosecution authority to impose preventive measures in accordance with the Penal Code section 39 no. 1 litræ a - f for a period of up to five years. The custodial sentence was reduced to three years and six months. Case history: Salten District Court no. 00-10 M - Hålogaland Court of Appeal LH-2000-00297 - Supreme Court HR-2000-01426, criminal appeal.

9. March 2001. Tort, whiplash injury

The issue in the case was whether there was causation between the plaintiff's disability and the tortious act (a car accident) and, if so, whether the causation was sufficiently adequate to justify a claim for compensation under a traffic insurance policy and an insurance payment under the driver's personal accident insurance cover. Case history: Oslo District Court no. 95-09600 - Borgarting Court of Appeal LB-1997-02580 A/01 and LB-1997-02581 A/01 - Supreme Court HR-2001-00002B no. 316/1999.

9. March 2001. Tort

Case concerning a claim for damages from a plaintiff who had suffered a psychosomatic paralysis of the arm following a motor car accident. The issue before the Supreme Court related to the particular requirements of causation. Case history: Oslo District Court no. 97-01369 A/36 - Borgarting Court of Appeal LB-1998-01385 A/03 and LB-1998-01386 A/03 - Supreme Court HR-2001-00003B no. 144/1999.

23. February 2001. Corporate Taxation Act section 5-2

2 (liability for gains and allowance for losses) Case concerning whether the sale of shares for symbolic consideration amounts to "realisation" with a consequential right to tax deduction for loss incurred upon realisation pursuant to the former Corporate Taxation Act section 5-2, re-enacted in the new Taxation Act section 10-31. Gifts do not constitute "realisation" in the terms of the said Acts. However, so-called "gift-sale" i.e. sale where the price of the goods is set so low that they must in part be considered to be a gift, does constitute "realisation" and gives entitlement to tax deduction. Case history: Oslo District Court no. 98-05337 A/72 - Borgarting Court of Appeal LB-1999-01558 A/03 - Supreme Court HR-2000-00626, civil appeal.

20. February 2001. Compensation Act section 3-5 (damages for non-pecuniary loss)

Compensation Act section 3-5 (damages for non-pecuniary loss) Case concerning a claim by surviving relatives for damages for non-pecuniary loss submitted in connection with a criminal conviction for murder, see the Damages Act section 3-5, subsection 2. Case history: Trondheim District Court no. 99-00120 - Frostating Court of Appeal LF-1999-00529 A - Supreme Court HR-2000-00300, civil appeal.

16. February 2001. Working Environment Act Chapter XII A

A (employees' rights in connection with the transfer of the undertaking) The case arose in connection with the transfer of ambulance services in a local authority from one company to another. One issue in the case was whether the employees were entitled to employment with the new company responsible for the ambulance services, cf. the provisions of the Working Environment Act Chapter XII A on transfer of undertakings. Another issue was the implications of the condition for employment laid down by the new company that the two employees concerned were not members of a trade union. Case history: Nord-Troms District Court no. 98-1693 - Hålogaland Court of Appeal LH-1999-00435 A - Supreme Court HR-2000-00514, civil appeal.

13. February 2001. Penal Code section 275 (breach of trust)

Case concerning sentencing for gross breach of trust involving corruption, cf. Penal Code section 275, cf. section 276. Case history: Stavanger District Court no. 97-00971 - Gulating Court of Appeal LG-1999-00605 M and LG-1999-00606 M - Supreme Court HR-2000-00355 and HR-2000-00356, criminal appeal.

13. February 2001. The Mortgage Act sections 3-22

(vendor's fixed charge and similar rights) and 3-17 (protection of legal right) Interlocutory appeal concerning interpretation of the Mortgage Act section 3-22, subsection 2, second sentence, cf. first sentence. The issue was whether leasing of the remaining value of a motor car fell within the scope of the provision, with the result that the lessee's estate in bankruptcy could sequestrate the car when the leasing agreement was not registered pursuant to section 3-17, subsection 3 of the Mortgage Act. Case history: Oslo Court of Execution and Enforcement no. 00-903 D - Borgarting Court of Appeal LB-2000-02235 K/04 - Supreme Court HR-2000-01350 civil interlocutory appeal.

9. February 2001. The Rural Commonage Act section 2-6

(lapse of beneficial right of user) Case concerning the lapse of a beneficial right of user to an area of rural commonage. Case history: Hadeland and Land District Court no. 98-00119A - Eidsivating Court of Appeal LE-1999-00089 A and LE-1999-00091 A - Supreme Court HR-2000-00301, civil appeal.

8. February 2001. The Nature Conservation Act section 20

(compensation by the state to landowners etc. subject to a nature preservation order) The issue in the case was whether compensation could be claimed from the State for lost land disposal subsidy and lost landscape subsidy when an area of moorland was turned into a nature reserve, since the preservation order meant that parts of the moorland area could no longer be used for fertilised cultivated pasture, see the Nature Conservation Act section 20. Case history: Nordhordland District Court no. 97-0267 - Gulating Court of Appeal LG-1998-02161 - Supreme Court HR-2000-01173, civil appeal

7. February 2001. Taxation Act (1911) section 58

(calculation of personal income for shareholders in limited companies) Case concerning the validity of an administrative decision of the Bergen Tax Appeal Board, where the issue in question was whether the transfer of a share holding was pro forma to the extent that it should be taken into account in the calculation of personal income. Case history: Bergen District Court - Gulating Court of Appeal LG-1999-01468 A - Supreme Court HR-2000-00949, civil appeal.

31. January 2001. Corporate Taxation Act sections 5-2 and 5-3

(liability for gains and allowances for losses) Case concerning the validity of an amended tax assessment, wherein deduction for loss on shares from ordinary income for the fiscal year 1994 was disallowed, see the Corporate Taxation Act of 20. July 1991 no. 65 section 5-2 no.2, cf. section 5-3 no. 3 (re-enacted in the Taxation Act of 26. March 1999 no.14 section 10-31, subsection 2, cf. section 10-32, subsection 2). Case history: Gulating Court of Appeal - Supreme Court HR-2000-00893, civil appeal.

30. January 2001. Leasehold Property Act section 14 and 13 (regulation of ground rent)

Case concerning the regulation of an annual ground rent, see the Leasehold Property act of 1975 section 14, subsection 2, cf. section 13. Case history: Gulating Court of Appeal LG-1999-00124 B - Supreme Court HR-2000-00548, civil appeal.

30. January 2001. Commercial lease

Case concerning the lessor's right to terminate the lease of commercial premises when the lease provided that such termination was conditional upon the lessor himself wishing to use the premises. Case history: Oslo District Court no. 99-04750 A/43 - Borgarting Court of Appeal LB-1999-03002 A/02 - Supreme Court HR-2000-00631, civil appeal.

30. January 2001. Contract Act section 29 (duress)

Abandonment of civil legal claim. Case history: Eidsivating Court of Appeal - Supreme Court HR-2000-01310, criminal appeal.

26. January 2001. Penal Code section 267, cf. section 268

(robbery and aggravated robbery) Case concerning sentencing for aggravated robbery. Case history: Bergen District Court no. 99-02180 - Gulating Court of Appeal LG-2000-00551 M - Supreme Court HR-2000-01297, criminal appeal.

26. January 2001. Penal Code section 162 (drug felony)

Case concerning sentencing for a drug offence. Case history: Haugesund District Court no. 00-00092 - Gulating Court of Appeal LG-2000-00745 M - Supreme Court HR-2000-01333, criminal appeal.

23. January 2001. The Compensation Act sections 3-2a, 3-1 and 3-2 2

(measurement of damage) The issue in the case was whether compensation to a minor for loss of future earnings and for permanent injury resulting from sexual abuse should be measured in accordance with the rules in section 3-2a of the Compensation Act concerning standardised compensation for children, or in accordance with the ordinary rules in sections 3-1 and 3-2 of the Act. Case history: Gulating Court of Appeal LG-1998-01956 A - Supreme Court HR-2000-00479, civil appeal.

23. January 2001. Working Environment Act section 85

(criminal liability of the employer for breach of the Act) Case concerning sentencing for breach of the Working Environment Act and regulations pursuant thereto in connection with an accident involving a crane. Case history: Nordmøre District Court no. 99-00252 M - Frostating Court of Appeal LF-2000-00054 M - Supreme Court HR-2000-01255, criminal appeal.

23. January 2001. Penal Code section 239

first sentencing alternative (negligently causing the death of another person) Case concerning a fatal accident where the victim was run over by a tractor. Appeal against sentence was dismissed. Case history:

22. January 2001. Penal Code section 195 (indecent assault of a minor below 14 years of age)

Appeal by both parties against sentence. Case history: Oslo District Court no. 04-98/2406 - Borgarting Court of Appeal LB-1999-03547 M/01 - Supreme Court HR-2000-01369, criminal appeal.

19. January 2001. The Working Environment Act section 60 and the Seamen's Act section 19

(protection against unfair dismissal) Case concerning the fairness of a number of dismissals from positions on board mobile platforms on the Norwegian Continental Shelf. Case history: Agder Court of Appeal - Supreme Court HR-2000-00112, civil appeal.

15. January 2001. Penal Code section 162 (drug felony)

Drug offence. The judgement of the Court of Appeal was quashed due to deficiencies in the judge's summing-up to the jury. Case history: Oslo District Court no. 97-10754 M/70 - Borgarting Court of Appeal LB-1998-03575 M/02 - Supreme Court HR-2000-00452, criminal appeal.

12. January 2001. Criminal Procedure Act section 252

(formal requirements of an indictment) and ECHR Article 6 (charged person's right to be informed of the charge against him) The issue before the Supreme Court was whether an item in an indictment concerning dealing in drugs was sufficiently defined, see section 252, subsection 1 no. 4 of the Criminal Procedure Act and Article 6 no. 3 (a) of the European Convention on Human Rights. Case history: Asker & Bærum District Court no. 98-2460 M - Borgarting Court of Appeal LB-1999-01723 M/01 - Supreme Court HR-2000-00544, criminal appeal.

12. January 2001. Penal Code section 422

(wilful or negligent intoxication by the master of a ship in the course of his duty) Case concerning manslaughter in connection with the navigation of a pleasure boat, and breach of the prohibition in section 422, subsection 2 of the Penal Code against becoming intoxicated while on duty on board a "ship". Case history: Ryfylke District Court no. 98-00343 - Gulating Court of Appeal LG-1999-01182 M - Supreme Court HR-2000-00894, criminal appeal.

11. January 2001. Criminal Procedure Act section 297

297 (circumstances in which a witness statement may be read aloud in court) and ECHR Article 6 (right to a fair trial) Case concerning whether or not a statement to the police given by a witness who failed to attend the trial could be read aloud in court, see section 297, subsection 1 of the Criminal Procedure Act and Article 6 no. 1 and no 3 d of the European Convention on Human Rights. Case history: Stavanger District Court no. 99-00820 - Gulating Court of Appeal LG-2000-00057 M - Supreme Court HR-2000-00847, criminal appeal.

10. January 2001. Penal Code section 162 (drug felony)

Sentencing. Aiding and abetting the storage and sale of 400 grams of heroin. Case history: Oslo District Court no. 99-1218 M/70 - Borgarting Court of Appeal LB-1999-01737 M/03 -Supreme Court HR-2000-00764, criminal appeal.

10. January 2001. Criminal Procedure Act section 68

Appeal dismissed on the grounds that the Chief Constable did not have the power to appeal. Case history: Gulating Court of Appeal LG-1999-01331 - Supreme Court HR-2000-01249, criminal appeal.

21. December 2000. Criminal law. Drugs. Sentencing. Dolus eventualis.

31-year-old man with previous convictions was sentenced to 11 years unconditional imprisonment for having transported 9.853 kg. amphetamine and 47.5 kg. hashish from the Netherlands to Norway, see section 162, subsections 1 and 3 of the Penal Code. The lower courts had found that there was intent in the form of dolus eventualis. The Supreme Court stated that the accused had acted with intent. - At the time of the importation, the amphetamine had been damp and had therefore weighed more than it would have done had it been dry. It had to be assumed that the weight of amphetamine that was to be sold on was the same weight as had been imported. - Statements form the court concerning the importance to be attached to the accused's co-operation with the police, also in the event that the accused first began to co-operate when the case was pending appeal to the Supreme Court. Case history: Kristiansand District Court no. 99-00948 M - Agder Court of Appeal LA-1999-01467 M - Supreme Court HR-2000-00340, criminal appeal.

21. December 2000 Criminal law. Indecency. Sentencing. Preventive detention.

37-year-old man with previous convictions was sentenced to five years' unconditional imprisonment for breach of sections 195, 207, 211 and 213 of the Penal Code (indecent assault of a minor under 14 years of age, incest, pornography and sexual intercourse with a minor) as these provisions were applicable prior to a statutory amendment of 11. August 2000 no. 76. Authority was also given to commit him to preventive detention for a period of up to 5 years pursuant to section 39 no. 1 litræ a-f of the Penal Code. He had, inter alia, sexually abused his daughter in a particularly serious manner from the time when she was 8 years old until she was 13. He was also found guilty of indecent assault of three other girls under the age of 14. The authority to commit to preventive detention was taken into account in sentencing. Case history: Sarpsborg District Court No. 99-00506 M - Borgarting Court of Appeal LB-2000-00331 M/01 - Supreme Court HR-2000-01224, criminal appeal.

Decision 21. December 2000

Sentencing. Determination of a sentence to be combined with the term remaining to be served for two previous convictions. Case history: Borgarting Court of Appeal - Supreme Court HR-2000-00902, criminal appeal.

Decision 21. December 2000

The Penal Code section 162 (drug felony), the Prisons Act section 41, cf. the Penal Code section 54 no. 3 (commission of a criminal act whilst on parole from prison). Sentencing. Determination of a sentence for a drug felony committed whilst on parole from prison, to be combined with the term still remaining following parole. Case history: Bergen City Court no. 1999-974 M/01 - Gulating Court of Appeal LG-1999-01886 M - Supreme Court HR-2000-00911, criminal appeal.

Decision 21. December 2000

The Penal Code section 233 (murder). Case concerning sentencing for murder and whether to grant a power to commit the convict to preventive detention. Case history: Oslo City Court No. 99-03432 M/43 - Borgarting Court of Appeal LB-1999-02275 M/03 - Supreme Court HR-2000-00841, criminal appeal.

Decision 21. December 2000

The Penal Code section 216 (child abduction), international child abduction. Application of law. Since 25. November 1994 until the present day, the convict had without permission withheld his son, born in 1987, and his daughter, born in 1991, from their mother's custody. The children had been captured and withheld in Morocco when the mother left the country in 1994 and returned to Oslo. Case history: Oslo City Court No. 98-10294 M/22 - Borgarting Court of Appeal LB-1999-02592 M/02 - Supreme Court HR-2000-00922, criminal appeal.

Decision 21. December 2000

The Working Environment Act section 73 B (transfer of undertakings - salary and working conditions). Case concerning an employee's right to maintain his or her employment contract with the former employer after the undertaking has been transferred to a new employer. Case history: Oslo City Court - Borgarting Court of Appeal LB-1999-02315 A/02 - Supreme Court HR-2000-00053B, no. 335/1999.

Decision 21. December 2000

The Working Environment Act section 73 E and 73 B (employees rights upon the transfer of an undertaking). The case concerned whether 83 employees whose employment contracts were transferred to a new employer upon the transfer of an undertaking from a local authority to a limited company, were bound by the transfer, or whether they still maintained an employment relationship with the local authority, or, alternatively, whether the local authority could be held liable as employer alongside the limited company. Case history: Oslo City Court No. 97-09951 A/86 - Borgarting Court of Appeal LB-1998-02025 A/01 - Supreme Court HR-2000-00054B, no. 363/1999.

Decision 20. December 2000

The Alcohol Act section 10-1, cf. the Penal Code section 28. Case concerning sentencing and the confiscation of the illegal proceeds of the production and sale of moonshine. Case history: Skien and Porsgrunn City Court - Agder Court of Appeal LA-2000-00482 M - Supreme Court HR-2000-01178, criminal appeal.

Decision 20. December 2000

The Penal Code section 233 (murder). Case concerning sentencing for murder. Case history: Stavanger City Court No. 98-00848 - Gulating Court of Appeal LG-1999-00368 M - Supreme Court HR-2000-00494, criminal appeal.

Decision 20. December 2000

The Limited Companies Act of 1976 sections 12-4, 12-6 and 12-8 (payment of dividends). Case concerning a claim for remuneration for financial advice given to a limited company which resulted in the company's shares being sold to a new owner. The sole issue before the Supreme Court was whether the claim fell within the scope of the rules relating to the payment of dividends in the Limited Companies Act of 1976 sections 12-4 ff. Case history: Oslo City Court No. 97-10244 A/78 - Borgarting Court of Appeal LB-1998-03135 A/03 - Supreme Court HR-2000-00141, civil appeal.

Decision 18. December 2000

The Town and Country Planning Act, the Cultural Monuments Act Case concerning the criminal liability of enterprises and the confiscation of the proceeds of crime for the unlawful demolition of a listed building. Case history: Rana District Court no. 98-393 M - Hålogaland Court of Appeal LH-1999-00334 M - Supreme Court HR-2000-00358, criminal appeal.

Decision 18. December 2000

Penal Code section 257, cf. section 258 (aggravated theft) and section 260 (taking and driving). Case concerning sentencing against two polish citizens for three counts of aggravated theft from a watchmaker's shop where the proceeds of crime amounted to approximately 1.9 million Norwegian kroner, and taking and driving a motor vehicle without the consent of the owner in connection with the thefts. Case history: Trondheim City Court no. 99-01971 M - Frostating Court of Appeal LF-2000-00246 M and LF-2000-00247 M - Supreme Court HR-2000-00896, criminal appeal.

Decision 12. December 2000

Expropriation Compensation Act section 9. Case concerning the deduction to be made in compensation payable upon expropriation for benefits derived from the expropriation, when the E18 motorway in Kristiansand was directed through a tunnel along the same route, see the Expropriation Compensation Act section 9. Compensation for agricultural land that following planning regulation was regulated for the building of a road. Case history: Kristiansand City Court - Agder Court of Appeal - Supreme Court HR-2000-00052B, no. 359/1999.

Decision 8. December 2000

The Compensation Act section2-1. Case concerning a claim for damages for personal injury arising from an accident on a prepared alpine ski slope. Case history: Oslo City Court No. 97-04370 A/02 - Borgarting Court of Appeal LB-1998-02597 A/02 and LB-1998-02598 A/02 - Supreme Court HR-2000-00051B, no.332/1999

Decision 5. December 2000

National Insurance Act of 1966 section 16-3, subsection 1. Case concerning whether employer's tax contribution pursuant to section 16-3 subsection 1 of the National Insurance Act of 1966 was payable on remuneration paid to consultants. The payment was remuneration for labour or a commission that was not performed in the course of self-employment. Case history: Bergen City Court no. 97-01434 - Gulating Court of Appeal LG-1998-01514 - Supreme Court HR-2000-00116, civil appeal.

Decision 4. December 2000

Penal Code sections 228 (assault), 233 (murder) and 237 (negligently causing incapacity to work). Case concerning sentencing for attempted murder and two other counts of assault. Case history: Oslo City Court No. 98-11491 M/80 - Borgarting Court of Appeal LB-1999-01753 M/01 - Supreme Court HR-2000-00532, criminal appeal.

Decision 29. November 2000

The Salt Water Fishing Act sections 42 and 43. Fishing Agreement Case concerning whether the compensation provisions contained in sections 42 and 43 of the Salt Water Fishing Act must yield for divergent rules contained in article 16 of the first supplement to the Fishery Agreement between Norway and the United Kingdom of 17. November 1960. Section 3 of the Salt Water Fishing Act provides that the Act applies subject to such limitations as are recognised in international law or which derive from any agreement made with a foreign state. Case history: Senja District Court No. 97-544 - Hålogaland Court of Appeal LH-1998-00716 - Supreme Court HR-2000-00044A no. 277/1999.

Decision 29. November 2000

Penal Code section 195 (act of indecency with a child under 14 years of age) and section 207 (incest). Case concerning sentencing for indecent assault of a step-daughter, which took place from the victim was 5 years old until she was ten. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00050B, case no. 1/2000.

Decision 29. November 2000

Penal Code sections 228, 229 and 232. Sentencing for aggravated assault with intent/occasioning bodily harm with intent. Case history: Stavanger City Court no. 99-00308 - Gulating Court of Appeal LG-1999-01055 - Supreme Court HR-2000-00759, criminal case, appeal.

Decision 29. November 2000

Judicial competence. The Courts of Justice Act sections 106 and 108. Case concerning whether each and all of the judges of the Gulating Court of Appeal were incompetent to sit in a criminal case where a prosecutor who was appointed as judge on the Gulating bench, appeared as prosecuting counsel in a case before the court. Case history: Gulating Court of Appeal LG-2000-01361 M - Supreme Court HR-2000-01208, criminal case.

Decision 28. November 2000

The Taxation Act of 1911. Case concerning cutting through in taxation law, and the consequences of a taxpayer transferring his personal accountancy business to a newly-established company with shared liability (DA) that is entirely owned and controlled by himself. Case history: Nedre Telemark District Court No. 98-00185 - Agder Court of Appeal LA-1999-00849 - Supreme Court HR-2000-00315, civil appeal.

Decision 22. November 2000

Penal Code section 267 cf. section 268 (aggravated robbery). Sentencing for aggravated robbery. Case history: Jæren District Court no. 1999-00156 - Gulating Court of Appeal LG-1999-01473 - Supreme Court HR-2000-00567, criminal case, appeal.

Decision 22. November 2000

Penal Code section 255 (embezzlement). Application of law. Case history: Larvik District Court no. 99-00509 - Agder Court of Appeal LA-2000-00064 M - Supreme Court HR-2000-00685, criminal case, appeal.

Decision 22. November 2000

Penal Code section 270 cf. section 271 (gross fraud). Case concerning sentencing for attempted and accomplished gross fraud and for receiving the proceeds of crime. Case history: Oslo City Court No. 98-06531 M/78 - Borgarting Court of Appeal LB-2000-00376 M/01 - Supreme Court HR-2000-00779, criminal case, appeal.

Decision 22. November 2000

The Courts of Justice Act section108 (judicial competence). Case concerning the competence of the presiding judge to sit at the retrial of a criminal case which had been set-aside and which was to be heard with a jury, see the Courts of Justice Act section 108. Case history: Frostating Court of Appeal LF-2000-00169 M - Supreme Court HR-2000-01002, criminal case, appeal.

Decision 21. November 2000

Act relating to Motor Traffic in Outlying Areas section 4, subsection 1, litra c (statutory authority for traffic for particular purposes). The accused was found guilty of illegally driving a snow-scooter in an outlying area. Case history: Vest-Telemark District Court No. 99-00139 M - Agder Court of Appeal LA-2000-00131 - Supreme Court HR-2000-00376, criminal case, appeal.

Decision 17. November 2000

Penal Code section 162 (drug felony). Sentencing. Aiding and abetting the import of hashish. Case history: Fredrikstad City Court no. 98-01121 M - Borgarting Court of Appeal LB-1999-02666 M/02 - Supreme Court HR-2000-00667, criminal case, appeal.

Decision 16. November 2000

The Finnanger Case. The Motor Vehicles Liability Act section 7 (contributory negligence). EEA-law. Case concerning a claim for damages pursuant to the Motor Vehicles Liability Act, and settlement under an accident insurance from a passenger who was permanently injured when the car in which she was a passenger, and which was driven by a person who was under the influence of alcohol, left the road. A primary issue in the case was whether section 7, subsection 3 litra b of the Motor Vehicles Liability Act accords with three EEA motor insurance directives and, furthermore, to what extent a Norwegian legal provision can be interpreted narrowly in order to avoid conflict with EEA-law in the situation where the legislature has wrongly assumed that the legal provision harmonises with the EEA-provision. Finally, the case concerned reduction of the insurance sum payable on the grounds of gross negligence on the part of the assured, see the Insurance Agreements Act section 13-9. Case history: Frostating Court of Appeal LF-1998-00997 A and LF-1998-00998 A - Supreme Court HR-2000-00049B, no. 55/1999.

Decision 10. November 2000

The Limited Companies Act section 5-25 Case concerning the requisition by a former shareholder of an enquiry into a limited company pursuant to sections 5-25 ff. of the Limited Companies Act of 13. June 1997 No. 44. Case history: Oslo Probate Court No. 99-00664 - Borgarting Court of Appeal LB-1999-02038 K/04- Supreme Court HR-2000-00043A, interlocutory appeals case journal no. 414/1999.

Decision 10. November 2000

The Working Environment Act section 60 no. 1 (protection against unfair dismissal) and the Contract Act section 36 (sensor of unfair contract terms). Case concerning the validity of the dismissal of a bank employee who was dismissed because he did not comply with a condition concerning place of residence in his employment contract. Case history: Frostating Court of Appeal - Supreme Court HR-2000-00218, civil appeal.

Decision 8. November 2000

Penal Code section 239 (manslaughter) and the Road Traffic Act section3 (duty of care).The judgement of the Court of Appeal was set aside and a retrial ordered on the grounds that the law had been wrongly applied. Case history: Alta District Court no. 99-34 M - Hålogaland Court of Appeal Lh-1999-00665 M - Supreme Court HR-2000-00294, criminal appeal.

Decision 8. November 2000

Penal Code section 239 (manslaughter) and the Road Traffic Act section3 (duty of care). The judgement of the Court of Appeal was set aside and a retrial ordered on the grounds that the law had been wrongly applied. Case history: Skien and Porsgrunn City Court no. 99-01279 M - Agder Court of Appeal LA-1999-01716 M - Supreme Court HR-2000-00362, criminal appeal.

Decision 7. November 2000

Case concerning the right to common land in property belonging to AS Værdalsbruket situated in Commonage (law relating to common land). Færen Nordre, Juldal and Væren. Case history: Stjør- and Værdal District Court No. 97-838 A - Frostating Court of Appeal LF-1998-01142 A - Supreme Court HR-2000-00048B, no. 321/1999.

Decision 6. November 2000

The Compensation Act section 3-7 (regress for national insurance benefits etc. received), the Motor Vehicle Liability Act section 4 (objective right to compensation from the insurer for injury caused by a motor vehicle). The matter in dispute was whether an employer who had paid full salary to an employee during the employee's sick-leave following a road traffic accident, was entitled to reimbursement of the employers' tax contribution from the liable insurance company. Case history: Oslo City Court No. 97-5075 A/71 - Borgarting Court of Appeal LB-1999-00819 A/01 - Supreme Court HR-2000-00214, civil appeal.

Decision 6. November 2000

Penal Code section 29 no. 1 (loss of public office). The main issue in the case was whether a police officer who was convicted, inter alia, for assault and threatening behaviour towards his common-law wife, should be removed from public office pursuant to section 29 no. 1 of the Penal Code. Case history: Sunnmøre District Court - Frostating Court of Appeal LF-2000-00061 M - Supreme Court HR-2000-00490, criminal appeal.

Decision 3. November 2000

Penal Code section 195 (acts of indecency with a child under 14 years of age) and section 207 (incest). Case concerning the convict's appeal on a point of law on the issue of sentencing and against the actual sentence following convictions for breach of the Penal Code section 195, subsection 1 and 2 (acts of indecency with a child under 14 years of age) and section 207 (incest). The criminal acts took place prior to the Amendment Act of 11. August 2000 No. 76. Case history: Oslo City Court no. 99-06541 M/60 - Borgarting Court of Appeal LB-2000-00089 M/01 - Supreme Court HR-2000-00537. Criminal appeal.

Decision 2. November 2000

The Taxation Act of 1911, section 42 (definition of income).. Case concerning whether benefits attached to an employee's acquisition and subsequent sale of shares in the employer's company are taxable as "a benefit attained through work" in the terms of the taxation legislation. Case history: Oslo City Court No. 97-06042 A/18 - Borgarting Court of Appeal LB-1999-00441 A/01 - Supreme Court HR-2000-00047B, no. 373/1999.

Decision 2. November 2000

The Penal Code sections 257 and 258 (theft and aggravated theft). Sentencing. Case history: Sunnmøre Court of Examination and Summary Jurisdiction no. 99-00835 M - Frostating Court of Appeal LF-1999-01127 M - Supreme Court HR-2000-00449. Criminal appeal

Decision 1. November 2000

The Taxation Act of 1911, section 53 (tax allowance for accrued deficit in the determination of income). Case concerning the validity of a decision by the tax assessment board to amend a tax assessment and to restore a deferred deficit resulting from participation in a dissolved partnership company, see the Taxation Act of 1911 section 53, sub-section 1, 4th sentence. Case history: Søre Sunnmøre District Court no. 98-00169 - Frostating Court of Appeal LF-1999-00307 A - Supreme Court HR-2000-00027. Civil appeal.

Decision 1. November 2000

The Penal Code section 162 (drug felony). Sentencing and confiscation of the proceeds of crime. Narcotics. Case history: Jæren District Court nr. 00-00348 - Gulating Court of Appeal LG-1999-02214M - Supreme Court HR-2000-00643. Criminal appeal.

Decision 27. October 2000

Compensation. Insurance law. Occupational injury insurance. Contributory negligence. Contributory causes. A barmaid who for many years had worked in a smoke-filled night-club, was awarded occupational injury compensation pursuant to section 11 of the Occupational Injury Insurance Act for injury suffered as a result of passive smoking. She was herself a smoker, and smoked between 10 and 15 cigarettes per day. However, this did not justify a reduction in the compensation award, see the Occupational Injury Insurance Act section 14. Dissent 4-1. The case before the Supreme Court related solely to the question of whether the compensation should be reduced. Case history: Stavanger City Court No. 97-0007 A - Gulating Court of Appeal LG-1998-00133 A - Supreme Court HR-2000-00041A, no. 152/1999.

Decision 27. October 2000

Allodial law. Conditions concerning allodial land. Question whether to deny redemption of allodial land. The property in question fulfilled the necessary requirements to be vested with allodial rights, cf. the Allodial Rights Act section 23, cf. sections 1 and 2. The property covered an area of 239 decares (about 60 acres), of which 14 decares were crop land , 9 decares were home grazing land and 216 decares were outlying fields. The property was situated in an agricultural area with scattered housing. Redemption of allodial land was not clearly unreasonable in the terms of the Allodial Rights Act section 21, subsection 2. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00042A, no. 360/1999.

Decision 25. October 2000

Criminal Law. Robbery. Application of law. Sentencing A 40 year-old man with previous convictions was sentenced to 18 months imprisonment for robbery (Penal Code section 267, sub-section 1, cf. section 268, subsection 1) and several other offences, including breach of the Penal Code section 227, subsection 1, first sentencing alternative (threat to commit a criminal act). He had in a brutal and threatening manner offended an 83 year-old female shop assistant who was alone in the shop that he had picked out. The degree of violence involved was greater than in ordinary bag-snatching cases. Despite the fact that the principle in the Penal Code section 64 (sentencing in the case of recidivism) was applicable (there was a previous conviction for robbery), the Supreme Court found that there were not grounds for adjusting the sentence that had been handed down by the lower courts. Case history: Supreme Court HR-2000-000239. Criminal case, appeal.

Decision 24. October 2000

Labour Law. Employer's management prerogative. Two trained ship mechanics were employed by the Stavanger Local Authority to serve as mechanics for the local authority's fireboat. They were graded and placed on the salary scale for fire captains. They had both previously for some time been employed as fire constables in the local authority. The issue in the case was whether the local authority by virtue of its management prerogative could decide that the fireboat crew should be integrated into the local authority's main fire service. The Supreme Court found that the decision was justified. The Court made comments concerning the scope of the management prerogative. The right to organise, manage, control and distribute work must take place within the scope of the working relationship that has been established. Case history: Stavanger City Court No. 97-01367 - Gulating Court of Appeal LG-1998-01573 - Supreme Court HR-2000-00046B, no. 346/1999.

Decision 20. October 2000

Civil Procedure Act section 356. Case concerning the scope of the requirement in the Civil Procedure Act section 356 that requires that leave to appeal to the court of appeal generally may only be given where the appellant's economic interest in the appeal exceeds NOK 20 000. Case history: Indre Sogn District Court no. 99-00134 - Gulating Court of Appeal LG-2000-00126 - Supreme Court HR-2000-00487 (civil interlocutory appeal).

Decision 11. October 2000

Penal Code section 239, Road Traffic Act section 31. Sentencing for negligently causing the death of another person by the use of a motor vehicle. Case history: Karmsund District Court no. 99-00217 - Gulating Court of Appeal LG-1999-02067 M - Supreme Court HR-2000-00561 (criminal appeal).

Decision 5. October 2000

Watercourses Act. Case concerning a claim for compensation by Kemi.gruppen (The Kemi Group) against Alta Kraftlag AL (Alta Power) for loss of grazing land for reindeer following the regulation of the Oldervik waterway in Seiland in 1993. Case history: Alta District Court no. 97-318 A - Hålogaland Court of Appeal LH-1998-00801 A - Supreme Court HR-2000-00040A no. 331/1999.

Decision 26. September 2000

Case concerning the legality of police methods used during the investigation of a serious drug felony. Case history: Asker and Bærum District Court no. 09-49 M - Borgarting Court of Appeal LB-1999-00781 M/01 - Supreme Court HR-2000-00206 (criminal appeal).

Decision 26. September 2000

Marriage Act section 46. Case concerning the validity of a nuptial agreement - whether the spouses upon entering into the agreement had agreed that it would not be effective inter partes, and, furthermore, whether the provisions of the Marriage Act section 46, subsection 2 and Contracts Act section 36 concerning the modification of agreements were applicable. Case history: Holmestrand Court of Probate no. 98-00341 A - Agder Court of Appeal LA-1999-00626 A - Supreme Court HR-2000-00272 (civil appeal).

Decision 22. September 2000

Taxation Act (1911) section 44 and the Limited Companies Act (1997) section 3-9. Case concerning a claim from the parent company for income tax deduction pursuant to section 44, subsection 1 litra d for loss accrued when the company assumed responsibility for it's subsidiary's debts. Case history: Trondheim City Court no. 98-00401 A - Frostating Court of Appeal LF-1999-00834 A - Supreme Court HR-2000-00039A, no. 310/1999.

Decision 21. September 2000

Children Act section 36. Case concerning a claim for custody following the death of the child's mother, cf. The Children Act sections 36 and 37. Case history: Heggen and Frøland District Court no. 98-00183 A - Borgarting Court of Appeal LB-1998-02635 A/02 - Supreme Court HR-2000-00045B, no. 329/1999.

Decision 20. September 2000

Penal Code sections 227, 228 and 229. Sentencing. Violence and threats, in particular towards the accused's two former cohabitees. Case history: Stavanger City Court no. 99-01102 M - Gulating Court of Appeal LG-1999-0202223 M - Supreme Court HR-2000-006223 (criminal appeal).

Decision 15. September 2000

Penal Code section 48a. Case concerning the application of the provisions of the Penal Code section 48a on corporate criminal liability in relation to a one-man heavy transport company, for breach of the regulations concerning driving- and resting time. Case history: Sunnmøre District Court no.99-00008 - Frostating Court of Appeal LF-1999-00808 M - Supreme Court HR-2000-00079 (criminal appeal).

Decision 15. September 2000

Act relating to motor traffic in outlying areas and watercourses, section 12 and 3. The question in the case was whether passengers on snow-scooters can also be prosecuted pursuant to the prohibition against snow-scooters. The Supreme Court held that an incidental, gratuitous, passive and occasional transport without implications for the driving of the snow-scooter (as was the case here) fell outside the scope of criminal liability imposed by the Act. The unlawful snow-scooter driving would have taken place even if the accused had not allowed himself and his equipment to be transported. Case history: Senja District Court no. 99-232M - Hålogaland Court of Appeal LH-1999-00682 - Supreme Court HR-2000-00080 and HR-2000-00081 (criminal appeals).

Decision 6. September 2000

Penal Code § 162. Case concerning sentencing for dealing in approx. 20 grams of heroin for personal use. Case history: Borgarting Court of Appeal LB-1999-00977 M/02 - Supreme Court HR-2000-00254 (criminal appeal).

Decision 1. September 2000

Penal Code sections 54 and 28c. Case concerning the replacement of a suspended sentence conditional upon participation in a government program for the rehabilitation of drink-driving offenders, with an unconditional term of imprisonment because the offender had arrived at one of the sessions of the programme under the influence of alcohol. Case history: Haugesund Court of Examination and Preliminary Jurisdiction no. 99-00408 - Gulating Court of Appeal LG-1999-01823 M - Supreme Court HR-2000-00156 (criminal appeal).

Decision 31. August 2000

The Mortgage Act section 3-8. Case concerning whether an unregistered vendor's fixed charge in a motor vehicle has priority before an already established charge pursuant to the Mortgages Act section 3-8, subsection 1 litra a. Case history: Eiker, Modum and Sigdal District Court no. 98-526 - Borgarting Court of Appeal LB-1999-00124 A/03 - Supreme Court HR-2000-00044B, no. 330/1999.

Decision 30. August 2000

Occupational Injury Insurance Act sections 21 and 15. Case concerning the date for ascertaining injury caused by exposure to solvents pursuant to the Occupational Injury Insurance Act of 16. June 1989 no. 65 section 21, and whether a claim pursuant to the Act was statute-barred pursuant to the rules of limitation in section 15 of the Act. Case history: Oslo City Court no. 98 00322 A/75 - Borgarting Court of Appeal LB-1999-00743 a/03 - Supreme Court HR-2000-00038A, no. 379/1999.

Decision 30. August 2000

Penal Code section 267, cf. section 268, subsection 2. Case on appeal concerning sentencing for aggravated robbery. Case history: Stavanger City Court no. 99-00401 - Gulating Court of Appeal LG-1999-01533 M - Supreme Court HR-2000-00678 (criminal appeal).

Decision 22. August 2000

The Plenary Act section 5. Question whether the State can participate, without being a party to the proceedings, in a case concerning the liability of an insurance company pursuant to the Motor Vehicles Liability Act section 7, sub-section 3, litra b. Case history: Supreme Court HR-2000-00041B, no. 55/1999.

Decision 18. August 2000

In 1983, Oddrun Røher sold a plot of his property "Sundet" in Eidsvoll local authority to Eidsiva Brannkasse. The property from which the plot was separated was bound along the westerly boundary by the river Vorma. Eidsvoll local authority activated its right of pre-purchase and entered into the purchaser's rights and duties pursuant to the contract. The issue in the case was whether the local authority's acquisition included the shoreline and the riverbed beyond the actual plot. Case history: Eidsvoll District Court no. 98-330 - Eidsivating Court of Appeal LE-1999-00474 A - Supreme Court HR-2000-00040B, no. 382/1999.

Decision 17. August 2000

Case concerning the Plenary Act section 5 and the Courts of Justice Act section 108, regarding the capability of three Supreme Court justices to hear a case. Case history: Supreme Court HR-2000-00039B, no. 55/1999.

Decision 4. July 2000

Mental Health Act 1961 (repealed) section 5. Case concerning an application by a patient for discharge from forced mental health care. Case history: Indre Sogn District Court - Supreme Court HR-2000-00037B, no. 338/1999.

Decision 4. July 2000

Penal Code section 162. Case concerning the implication in criminal law of the fact that the police in a drug case had used untraditional investigation methods, deemed by the police to amount to provocation in the securing of evidence. Case history: Trondheim City Court no. 99-01618M and 99-01619M - Frostating Court of Appeal LF-1999-00331 M and LF-1999-00334 M - Supreme Court HR-2000-00038B, journal no. 69/1999.

Decision 30. June 2000

Family law. Child law. Right of custody and child welfare care order. A mother was awarded custody of her 8-year-old daughter pursuant to the Children Act section 35 a, subsection 1, cf. section 34, subsection 3. The child was placed with foster parents, and a care order was made pursuant to the Children Act. The Court based its decision on the assumption that both natural parents - perhaps within different frames of time - would make an attempt to regain custody, see the Child Welfare Act section 4-21. The case was determined on the basis of what would be in the best interests of the child in the event of custody again being awarded to one of the natural parents. Case history: Borgarting Court of Appeal - Supreme Court HR-2000-00037A, no. 268/1999.

Decision 29. June 2000

Inheritance law. Family law. Compensation rights in connection with cohabitation A surviving cohabitee was granted a right to compensation from the deceased cohabitee's estate for exceptionally extensive nursing and care of the deceased cohabitee over a long period of time. The Supreme Court found that a right to compensation for nursing and care of a non-marital partner upon separation or death could be founded on general principles of enrichment and restitution. There was no cohabitation agreement or will. Case history: Borgarting Court of Appeal LB-1998-03544 A/01 - Supreme Court HR-2000-00036A, no. 296/1999.

Decision 28. June 2000

Property law. Concession. Public administration law. Right of pre-emption. The Ministry of Agriculture's decision concerning the exercise of a right of pre-emption, see the Land Concession Act section 2, was deemed invalid. The Ministry had intended to exercise the right of pre-emption in order to use the property in a land-exchange deal in connection with the laying of a new route for the E-18 motorway. The Court found that the exercise of the right of pre-emption for this purpose was within the scope of the Land Concession Act, but that the administrative decision had not been sufficiently qualified. Case history: Sand District Court no. 97-00137 - Agder Court of Appeal LA-1998-00247 A - Supreme Court HR-2000-00035 A, no. 171/1999.

Decision 28. June 2000

Contract law. Building law. Claim for damages from by-passed tenderer. A firm that had submitted the next-to-lowest tender purported that it had been by-passed. It was submitted that the lowest tender should have been ignored, as it was erroneous in several respects. In this case, there were no grounds for awarding damages for non-performance of the contract. Loss from reliance on the promise had been awarded by the district court. The opposing party had not appealed against this part of the decision. The Court addressed, amongst other things, the question whether the anti-contractor-provisions in the rules for tender were satisfied. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00035B, no. 247/1999.

Decision 28. June 2000

Penal Code sections 270 and 271 (fraud and gross fraud). Case concerning the Court of Appeal's application of the law as to whether the indictment that was the subject of appeal should have been dismissed. Furthermore, the case concerned whether the Court of Appeal, when dealing with the issue of dismissal and the claim for damages, was lawfully composed, since only the professional judges, and not the lay judges, had taken part in the decision. Case history: Oslo City Court no. 98-3977 M/78 - Borgarting Court of Appeal LB-1999-02689 M/03 - Supreme Court HR-2000-00036B, case no. 7/2000.

Decision 27. June 2000

Mortgage law. Housing law. Mortgage in a housing co-operative unit and housing-co-operative bond. A mortgage in the document of title to a housing-co-operative dwelling receives security against creditors pursuant to the rules relating to pledges in the Mortgage Act section 4-3, subsection 3 and section 3-2, when, additionally, notice is given to the lessor. The provision in section 1-4 concerning the fixed or highest amount of the mortgage claim as a condition for such security does not apply. Notice to the lessor as to the total amount of the mortgage debt does not imply that the mortgagee does not have security for claims in excess of the amount stated. Case history: Nedre Romerike Court of Execution and Enforcement no. 98-00368 C - Eidsivating Court of Appeal LE-1999-00424 K - Supreme Court HR-2000-00033 A, journal no. 406/1999.

Decision 27. June 2000

Insurance law. Excess. Delay interest. In addition to the excess, the insured under a third-party insurance had to pay a proportionate part of the delay interest that related to the excess. The Insurance Agreement Act of 1930 section 92, subsection 2 contained a similar rule for procedural/prosess interest. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00034B, no. 308/1999.

Decision 26. June 2000

Criminal law. Driving under the influence of alcohol. Application of law. A 55-year-old man with no previous convictions was sentenced to 15 days conditional imprisonment and an unconditional fine of NOK 10 000 for breach of the Road Traffic Act section 22, subsection 1 (driving a motor-vehicle whilst under the influence of alcohol). He had an alcohol concentration on his breath of 0.253 mg/litre air, which in the terms of the Act is greater than 0.25 mg. Allowance was made for two circumstances that might have affected the result of the reading. The appellant argued in vain that section 22 of the Road Traffic Act must be interpreted narrowly, so that in order to secure a conviction in cases where the breathalyser test cannot rule out that the alcohol concentration in the blood is less than 0,005 %, a blood test must be taken. Case history: Nordmøre District Court no. 98997 - Frostating Court of Appeal LF-1999-00222 - Supreme Court HR - 2000-00031B, case no. 44/1999.

Decision 23. June 2000

Criminal law. Driving a boat under the influence of alcohol. Sentencing. A 51-year-old man with no previous convictions was sentenced to 14 days imprisonment for breach of section 33, cf. section 37 of the Act of 26. June 1998 no. 47 relating to pleasure- and small boats. He had driven a 14-foot boat with a 40-hp outboard motor whilst he had an alcohol concentration in his blood of 0.0025. The Court stated that the potential danger normally posed by driving a boat with a blood-alcohol concentration in excess of 0.002 is so serious that it calls for an unconditional term of imprisonment. Case history: Nordfjord Court of Examination and Summary Jurisdiction no. 99-00213 F - Gulating Court of Appeal LG-1999-01714 - Supreme Court HR-2000-00032B, case no. 5/2000.

Decision 23. June 2000

Land law. Concession. Expropriation law. Compensation and interest for loss of user upon the exercise of a right of pre-emption. At an appraisement hearing pursuant to the Land Concession Act of 31. May 1974 no. 19 section 14, second paragraph, cf. section 1 no. 4 and section 2 second paragraph, the State appealed to no avail against the valuation and the order to pay interest for loss of user. As far as part of the property - a forest area - was concerned, the Court of Appeal had correctly made an ordinary calculation of the user-value, based on a capitalising interest of 5 %, which is used when calculating user-value in connection with expropriation and preservation of forests, and had also tried the capitalising interest against the interest terms for loans in the State Agricultural Bank. Furthermore, it was correct to order interest for loss of user to be paid at the rate of 5 % of the price of the whole property, calculated from the date of sale. - The Land Concession Act section 1 no. 4 could not be construed as meaning that the user-value pursuant to section 14, second sentence of the Act should be applied in accordance with a circular issued by the Ministry of Agriculture on concession price, which indicated that the appropriate figure at the time of sale was 7 %. Dissent 3-2. Case history: Flekkefjord District Court no. 98-00040B - Agder Court of Appeal LA-1998-01219 B - Supreme Court HR-2000-00028B no. 257/1999.

Decision 23. June 2000

Matrimony Act (1927) section 11. The issue in the case was whether a premium fund accumulated by one of the spouses for the payment of future premiums for a private pension insurance, was exempt from division of matrimonial property pursuant to the Matrimony Act of 1927 section 11, second paragraph, first sentence. If the answer to the first question was no, the next issue was whether the other spouse was entitled to compensation pursuant to section 19, second sentence of the Act. A separate issue was whether the acquirement by one of the spouses of private pension rights, which are exempt from division of matrimonial property, entitled the other spouse to compensation pursuant to section 19 of the Act. Case history: Bergen Probate Court No. 93-01267 - Gulating Court of Appeal LG-1998-01634 - Supreme Court HR-2000-00029B, no. 334/1999.

Decision 23. June 2000

Tax law. Criminal law. Human rights. Imposition of surtax. Surtax for 1987 was discharged, and surtax for 1988 was fixed at 30 %, see the Tax Assessment Act section 10-2 no. 1, cf. section 10-4 no. 1. The Court found in favour of a taxpayer that Article 6 no. 1 of the European Convention on Human Rights, which provides that a criminal charge shall be dealt with within a reasonable time, applied also to the Inland Revenue's determination of whether to impose increased surtax for intentional or grossly negligent tax evasion. The handling time for the two assessments was 11 years and 8 years respectively. The Supreme Court also discussed, but did not conclude, whether there had been a breach of the prohibition in Article 4 no. 1 of the Seventh Additional Protocol to the Convention against punishing a person twice for the same criminal act (double jeopardy). The increased surtax had been imposed in 1987, after the taxpayer had been convicted previously that year of tax evasion with intent. Case history: Asker and Bærum District Court No. 97-361 A - Borgarting Court of Appeal LB-1998-01138 A/02 - Supreme Court HR-2000-00030b, no. 142/1999.

Decision 23. June 2000

Damages. Social security law. Occupational injury insurance coverage for injury suffered whilst travelling from home to the place where a job assignment was to be carried out. The National Insurance Act of 28. February 1997 No. 19 section 13-6, second paragraph concerning occupational injury benefit, could not be construed to cover injury suffered by the victim when driving his employer's service van from his own home to a job assignment that had been agreed upon the previous day. Compare the decision in Rt. 2000 p. 220. Case history: Social Security Tribunal TRR-1998-00089 - Eidsivating Court of Appeal LE-1998-00864 A - Supreme Court HR-2000-00060.

Decision 20. June 2000

An application for the reversal of a decision in a criminal case was rejected. Case history: Supreme Court HR-2000-00298 - Supreme Court HR-2000-00587

Decision 20. June 2000

A 22-year-old man with no previous convictions was sentenced to 16 years imprisonment for murder with intent. The court found that he had intended to shoot a bouncer, but that he had misfired and hit another person who died. Statements concerning the treatment of aberratio ictus (misfiring) in criminal law. Three justices were of the opinion that the accused could be convicted of murder with intent. Two justices meant that the act ought to be treated as two separate offences, attempted murder with intent, and consummated manslaughter. Case history: Oslo City Court No. 99-02529 - Borgarting Court of Appeal LB-1999-01598 - Supreme Court HR-2000-00332.

Decision 14. June 2000

An agricultural property that was subject to succession by primogeniture was transferred for the sum of NOK 1 050 000, being the value of the property pursuant to an allodial valuation. Two years later, a section of the land comprising plots for holiday cottages with index-regulated leaseholds was sold for NOK 2 million. The rental income of these plots was NOK 77 000 per annum. The co-heirs applied for an adjustment of the arrangement (appraisement) made when the property was transferred, cf. the Allodial Rights Act section 57. However, the application was refused because the district court (and later the Court of Appeal) found that the sale had not resulted in an "appreciable gain". This was a condition that, by its nature, was subject to the exercise of discretion, and the appropriate remedy was to request a re-appraisement, rather than to appeal the decision of the district court, see the Appraisement Act section 26. The Allodial Rights Act section 57 cf. section 56 was applicable in the present case, notwithstanding the regulatory status and nature of the sold plots. The re-appraisement was quashed. The natural point of departure when calculating "appreciable gain" was the price applicable when the property had been transferred subject to an allodial valuation, and from which the co-heirs had benefited. Dissent 3:2. Case history: Hallingdal District Court No. 97-00102 D - Borgarting Court of Appeal LB-1998-02868 B/02 - Supreme Court HR-2000-00032A, no. 349/1999.

Decision 8. June 2000

Case concerning sentencing for speeding. The defendant had driven at 142 km/hour in an area with a speed limit of 90 km/hour. Case history: Drammen City Court No. 1486/98 M - Borgarting Court of Appeal LB-1999-000765 M/02 - Supreme Court HR-2000-00273.

Decision 8. June 2000

Case concerning a call from shareholders for the dissolution of a limited company based on general principle of law, alternatively on the Companies Act of 1976 section 13-3. Case history: Sand District Court no. 97-00066 - Agder Court of Appeal LA-1998-000684 A - Supreme Court HR-2000-00027B, no. 278/1999.

Decision 7. June 2000

Case concerning sentencing for import of 287.51 grams of heroin. Case history: Borgarting Court of Appeal LB-1998-03034 M/03 - Supreme Court HR-2000-00056.

Decision 31. May 2000

Case concerning sentencing for storing 1433 grams of heroin. Case history: Kristiansand City Court no. 99-00520 - Agder Court of Appeal LA-1999-01018 M - Supreme Court HR-2000-00030A, case no. 4/2000.

Decision 25. May 2000

A was convicted in the court of appeal for rape, robbery and false imprisonment of a female shop assistant in a shop in Oslo. He robbed the shop till using force and threats. Thereafter he pushed the woman into a lavatory where he raped her and then left her locked in the lavatory. The conviction also covered a number of minor matters. At the date of the crime, A was just over 15 years and 8 months old. The Supreme Court found that, in the light of Supreme Court practice in similar cases, the sentence of 3 years and 4 months' imprisonment awarded by the court of appeal could not be said to be disproportionate. In the circumstances, where A had been referred to a child welfare institution following his release from custody pending trial, and in light of his young age at the time of the crime, a majority of three of the Justices found that the conditional term of the sentence could be fixed at 2 years and 4 months. The unconditional term, i.e. the term to be served in custody, was thus fixed at 1 year. Case history: Oslo City Court No. 99-1628 M/77 - Borgarting Court of Appeal LB-1999-02282 M/02 - Supreme Court HR-2000-00029a, case no. 6/2000.

Decision 18. May 2000

Case concerning sentencing for driving under the influence of alcohol. Case history: Tinn and Heddal District Court no. 99-00098 M - Agder Court of Appeal LA-1999-01215 M - Supreme Court HR-2000-00025B, case no. 9/2000.

Decision 16. May 2000

Case concerning the power to assess tax on the basis of an estimation, and review of the taxation authority's estimate in calculating the value of goodwill upon the transfer of a personal undertaking to a limited company. Case history: Nord-Troms District Court no. 97-1533 A - Hålogaland Court of Appeal LH-1998-00788 - Supreme Court HR-2000-00027A, no. 319/1999.

Decision 16. May 2000

Case concerning whether the Tax Assessment Act section 4-10 no. 1 and no. 2 provides the necessary authority to oblige a psychologist in private practice to produce his appointment books for 1994 and 1995 without contravening his duty of confidentiality pursuant to the Psychologists Act section 6. Case history: Sør-Gudbrandsdal District Court no. 98-00025 - Eidsivating Court of Appeal LE-1998-00644 A - Supreme Court HR-2000-00028A, no. 313/1999.

Decision 16. May 2000

The Court increased the sentence for rape of an unconscious woman to 120 days' imprisonment. Case history: Oslo City Court 98-07473 m/51 - Borgarting Court of Appeal LB-1999-01619 M/01 and LB-1999-03049 m/01 - Supreme Court HR-2000-00118, criminal case, appeal.

Decision 11. May 2000

The Court found that profit on shares acquired by employees in the employer company was not a "benefit acquired through work" in the terms of the Taxation Act 1911 section 42(1), see the Taxation Act 1999 section 5-1. Where employees acquire shares at a discount there will be a "benefit acquired through work", but the question as to whether an employee is liable to pay tax on any increased value of the shares must be determined in accordance with the ordinary rules relating to the taxation of share profits. The discount on the shares had not been realised and could therefore not be subject to taxation. Dissent 3:2. Case history: Stavanger City Court No. 96-01025 - Gulating Court of Appeal LG-1997-01547 - Supreme Court HR-2000-00024B, no. 199/1999.

Decision 27. April 2000

Bank found liable for damages on the grounds of negligence in the giving of financial advice. On the bank's recommendation, a customer had invested money in unsecured high interest deposits in an investment company that entered into a moratorium with its' creditors that resulted in only a 25 % dividend. The claim for damages was deemed to arise out of the contractual relationship between the bank and its' customer, and was not statute barred, see the Limitation Act sections 3 and 9. Case history: Hedmarken District Court no. 96-01028 A - Borgarting Court of Appeal LB-1998-00072 A/03 - Supreme Court HR-2000-00026A, no. 64/1999.

Decision 26. April 2000

The Supreme Court upheld the decision of the local council concerning the imposition of property tax on a housing estate - "Kvastebyen" - within the Skjeberg property tax zone in Sarpsborg local authority, see the Property Tax Act of 6. June 1975 No. 29 section 3. Viewed in isolation, Kvastebyen did not satisfy the statutory requirement of urban development, but the property tax zone as a whole fulfilled the statutory requirements for imposing property tax. The question whether the Kvastebyen estate was included in the property tax zone was the kind of demarcation issue that the courts should be wary of trying. Case history: Sarpsborg City Court No. 96-00202 A - Borgarting Court of Appeal LB-1998-01488 A/03 - Supreme Court HR-2000-00023B, no. 181/1999.

Decision 25. April 2000

Case concerning the scope of an out-of-court settlement between a deceased's estate in bankruptcy of the one part and one of the heirs and his spouse of the other part, relating to chattels in the possession of the latter, but to which the estate in bankruptcy claimed possession. The issue was whether the settlement, once the estate in bankruptcy had been wound up, precluded the other heir to the deceased's estate from seeking to establish that the same chattels belonged to the deceased's estate. The Court found that although the debtor of a bankrupt estate as a general rule must respect a settlement agreed by the estate, this did not apply in the present case where the plaintiff had not had the opportunity of influencing the settlement agreed upon. The Court found also that the exception to the scope of the Lugano Convention in Article 1(2)(1) of the Convention (whereby inter alia rights in property arising out of wills and succession are exempted from the scope of the Convention) did not apply to all disputes concerning a deceased's estate, but is limited to disputes of a purely inheritance law nature. The proper venue for a dispute concerning title to real property was Norway, cf. Lugano Convention Article 16(1)(a). Consequently, the other related claims could be cumulated with the present action, cf. Convention Article 6(4). Appeal against a court order heard by a chamber of the Supreme Court (as opposed to the Appeals Selection Committee of the Supreme Court) pursuant to the Supreme Court Act of 1926 section 6(2). Case history: Asker and Bærum District Court No. 98-02320 A - Borgarting Court of Appeal LB-1999-00881 K/04- Supreme Court-2000-00021B, interlocutory order journal no. 344/1999.

Decision 14. April 2000

The Court found against a female teacher who sought damages for occupational disability that she claimed was caused by poisoning and poor indoor climate at the school where she taught. There was no causation between her illness and exposure to 1,4 dichlorbenzidin (DCB) in her classroom. DCB was used in the urinals in the boys' lavatories, and odour and air from the lavatories had seeped into the classroom through an incorrectly installed extraction channel. The plaintiff had developed Multiple chemical sensitivity (MCS). Case history: Oslo City Court No. 03177/95 - Borgarting Court of Appeal LB-1996-01375 A and LB-1996-01376 A - Supreme Court HR-2000-00020B, no. 342/1997.

Decision 14. April 2000

Østfold Energi AS (Østfold Power Company) was liable in damages to Fredrikstad Energiverk AS (Fredrikstad Power Station) for breach of contract when it had ceased to deliver electricity that it was contractually bound to deliver. The rules relating to damages in the Sale of Goods Act could be applied by way of analogy to breaches of the kind concerned in this case, even though they were not directly covered by the Act. A claim for damages for a tax disadvantage was, for the time being, not entertained by the Court as it was unclear whether a certain portion of the damages was subject to taxation whatsoever. Continuing proceedings, see Rt. 1998 page 1863. Case history: Supreme Court HR-2000-00024A, no. 131/1997.

Decision 14. April 2000

An 82-year-old medical practitioner with no previous convictions was given a conditional discharge for breach of the Penal Code section 233 first and second paragraphs, cf. 235 second paragraph (premeditated homicide committed out of compassion). Upon the initiative and with the consent of a seriously and terminally ill patient, he had ended the patient's life. The Supreme Court found that on an interpretation of the Penal Code section 235 second paragraph it could not accept defence counsel's argument that section 233 must be interpreted narrowly, i.e. with the reservation that the killing must be unlawful. Nor could it accept the argument that the act was not punishable on the grounds of necessity (which is an absolute defence), cf. section 47. Case history: Oslo City Court No. 97-03983 M/01 - Borgarting Court of Appeal LB-1998-00273 M/01 and LB-1998-03115 M/01. Supreme Court HR-2000-00025A, case no. 47/1999.

Decision 13. April 2000

The Court found against the proprietor of a plot of land who claimed to have acquired by prescription an area that fell outside the boundary limits, but within the garden fence that had been erected. The condition for prescription in the Prescription Act section 2 that the person claiming prescription must have occupied the land as his own was satisfied. The proprietor and her legal predecessor (her vendor) had been in good faith when she had purchased the property, see the Prescription Act section 4. However, the vendor had in 1949 agreed to a the partition of an adjoining plot, and thus he was or ought to have been aware of the true position of the boundaries. Case history: Akershus and Oslo Land Conciliation Court no 28/1995 - Borgarting Court of Appeal LB-1998-01014 - Supreme Court HR-2000-00018B, no. 255/1999.

Decision 13. April 2000

A severance agreement entered into upon resignation secured a bank manager salary and other benefits for a period of two years, plus special pension rights. Later, in connection with the closure of the bank, the bank claimed in vain that it was not bound by it's pension obligations under the severance agreement, see the Contract Act section 36. The pension settlement agreed upon was usual for bank managers. The fact that the bank's problems may have been associated with the conduct of the bank manager did not entitle the bank to free itself from its' obligations. Case history: Oslo City Court 96-04776 A/31 - Borgarting Court of Appeal LB-1998-00750 A/03 - Supreme Court HR-2000-00019B, no. 304/1999.

Decision 3. April 2000

Deportation order containing an absolute prohibition against re-entering the country (see the Aliens Act section 30) was upheld against a foreigner who had been resident in Norway for many years and who had several children residing in the country. Dissent 3:2. The grounds for the deportation was a conviction for inter alia indecent assault on the deportee's daughter and two step-children from his cohabitee's previous marriage, for which he had been sentenced to two year's imprisonment. The majority of the Court found that deportation was not disproportionate, notwithstanding that the family would be separated and would suffer hardship. Four of the Justices found that the Court had full power to review the assessment of whether or not the deportation was disproportionate, whilst one of the Justices was of the opinion that the Court should exercise restraint in this respect. Case history: Borgarting Court of Appeal - Supreme Court HR-2000-00023A, no. 267/1999.

Decision 28. March 2000

Frøystul power station in the County of Telemark, has since the 1920s been owned and run by Norsk Hydro Production AS (hereafter referred to as Hydro). The power station is situated in Tinn local authority, whilst the main reservoir for the power station is situated in Vinje local authority. In 1984, 50 percent of the power station reverted back to the state. In 1993, Hydro was granted concession to purchase the reverted share back from the state. The concession provided for the payment of a tax duty to Vinje and Tinn local authorities. The issue in the case before the Court was from which point in time the duty began to run. Case history: Oslo City Court no. 96-04214 A/81 - Borgarting Court of Appeal LB-1997-03448 A/01 - Supreme Court HR-2000-00017B, no. 156/1999.

Decision 27. March 2000

Appeal against a court order concerning the interpretation of the Taxpayers Act section 48 no. 5, third sentence. More precisely, the case concerned whether a taxpayer has the right to have his case transferred to the Court of Execution as a civil action in order to have the validity of his tax assessment tried, notwithstanding that the tax authorities have asserted that the measure to which the complaint relates should be set aside. Case history: Sandnes Court of Execution - Gulating Court of Appeal - Supreme Court HR-2000-00021A, Appeals Selection Committee journal no. 337/1999.

Decision 27. March 2000

Case concerning the measure of damage for personal injury etc. following a car accident. Case history: Oslo City Court - Borgarting Court of Appeal LB-1997-02321 A/03 and LB-1997-02322 A/03 - Supreme Court HR-2000-00022A, no. 336/1998.

Decision 24. March 2000

Sentencing for counterfeiting money. Case history: Oslo City Court no. 99-00676 M/75 - Borgarting Court of Appeal LB-1999-01574 M/03 - Supreme Court HR-2000-00016B, no. 10/2000.

Decision 17. March 2000

Case concerning whether there was causation between a road traffic accident in which the plaintiff had been run over, and the plaintiff's permanent health problems. In the event that there was causation, the Court considered whether the causal link was sufficiently close to give rise to liability in tort for the insurance company. Case history: Oslo City Court no. 94-08625 A/45 - Borgarting Court of Appeal LB-1997-00529 A/01 and LB-1997-00530 A/01 - Supreme Court HR-2000-00015, no. 276/1998.

Decision 9. March 2000

Case concerning the Penal Code section 195 (indecent assault of a child under the age of 14 years). Case history: Vardø District Court no. 99-257 M - Hålogaland Court of Appeal LH-1999-00457 M - Supreme Court HR-2000-00020A, case no. 8/2000.

Decision 9. March 2000

Case concerning sentencing for aggravated robbery. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00013B, no. 79/1999.

Decision 9. March 2000

Case concerning sentencing for aggravated robbery. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00013B, no. 79/1999.

Decision 9. March 2000

Case concerning the validity of an administrative decision of the Value Added Tax Complaints Board pursuant to the Value Added Tax Act section 55, first paragraph no. 2, relating to the calculation in arrears of output VAT and the imposition of an additional charge. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00014B, no. 182/1999.

Decision 8. March

Case concerning whether upon correcting a judgement delivered by the Conciliation Board, a new time limit for lodging an appeal begins to run from the date of service of the corrected judgement. The time limit having not been observed, the Court considered whether an application to appeal out of time had been lodged within the one-month time limit prescribed in the Courts Act section 154, first paragraph. Case history: Supreme Court HR-2000-00018A, Appeals Selection Committee journal no. 347/1999. See also earlier cases: Hadeland and Land District Court no. 98-00226 A - Eidsivating Court of Appeal LE-1998-00585 K - Supreme Court HR-1999-00086K.

Decision 8. March 2000

Case concerning whether X County Authority, as owner of a hospital, was strictly liable in tort for personal injuries suffered by the plaintiff who, whilst forcibly admitted as a patient at X County Hospital, broke a window in his hospital room and threw himself out of it. Case history: Nedenes Local District Court no. 96-00019 A - Agder Court of Appeal LA-1998-00082 A - Supreme Court HR-2000-00019A, no. 59/1999.

Decision 3. March 2000

Case concerning the regulation of rent pursuant to the Ground Lease Act of 1975 section 14, second paragraph. Case history: Borgarting Court of Appeal - Supreme Court HR-2000-00016A, no. 269/1999.

Decision 3. March 2000

Case concerning sentencing for the acquisition and sale of amphetamine. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00017A, case no. 2/2000.

Decision 25. February 2000

Case concerning an application for a declaration of nullity and damages for economic and non-economic loss for defamatory statements made in the Bergens Tidende newspaper. The primary issue was whether or not a press report of an administrative decision can be the subject of a declaration of nullity. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00012B, case no. 61/1998.

Decision 23. February 2000

Case concerning an action by Activ Forsikring AS (an insurance company) for recourse against the state after the company had paid damages following a road traffic accident on the E-16 motorway in which a motorcyclist was killed. The issue was whether persons for whom The Norwegian Public Roads Administration were vicariously liable, had acted negligently when laying a new road surface in the wheel tracks, or in putting out deficient warning signs, and, if so, whether this was the cause of the accident. Case history: Oslo City Court No. 97-01953 A/37 - Eidsivating Court of Appeal LE-1998-00356 A - Supreme Court HR-2000-00010B, no. 93/1999.

Decision 23. February 2000

Case concerning the validity of a decision of the Value Added Tax Complaints Board concerning the calculation in arrears of value added tax and additional charge where reduction had wrongfully been made for the ingoing duty, see the Value Added Tax Act section 16 no. 5 Case history: Oslo City Court - Borgarting Court of Appeal LB-1998-00674 A/02 - Supreme Court HR-2000-00011B, no. 207/1999.

Decision 22. February 2000

Case concerning an appeal against a court order issued by the Borgarting Court of Appeal, whereby Aftenposten AS (a newspaper) was fined for contempt of court pursuant to the Penal Code sections 48 a and 48 b (provisions governing the criminal liability of enterprises). Case history: Borgarting Court of Appeal - Supreme Court HR-2000-00009B, case no. 60/1999.

Decision 22. February 2000

Case concerning the interpretation of a court judgement that concluded that a tax assessment should be set aside, and whether the application to amend the assessment was "raised" in time, see the Tax Assessment Act of 13. June 1980 section 9-6, no. 5 litra c. Case history: South Gudbrandsdal District Court no. 97-00274 - Eidsivating Court of Appeal LE-1998-00149 A - Supreme Court HR- 2000-00014A, no. 218/1999.

Decision 22. February 2000

Case concerning whether there were grounds for liability in tort in a case brought against the East Agder County Authority. The issue in the case was whether the county authority as a result of deficient safety, was strictly liable for personal injury suffered by the plaintiff who, whilst forcibly admitted as a patient at a county hospital, broke a window in his hospital room and threw himself out of it. Case history: Supreme Court HR-2000-00015A, no. 59/1999.

Decision 14. February 2000

Case concerning the liability of a bank as employer for damage suffered as a result of a fraud to which one of the bank's employees was an accomplice. Case history: Borgarting Court of Appeal - Supreme Court HR-2000-00012A, no. 213/1999.

Decision 14. February 2000

Case concerning the interpretation and application of the National Insurance Act of 17. June 1966 no. 12 section 11-1, no. 1 litra a, second paragraph, see the new National Insurance Act of 1997 section 13-6, second and fourth paragraphs. The issue was whether industrial injury coverage applies to travel during working hours from home to the first place of work. Case history: Social Security Tribunal no. 97-01694 - Frostating Court of Appeal LF-1998-00805 A - Supreme Court HR-2000-00013A, no. 204/1999.

Decision 10. February 2000

Case concerning a claim for a price reduction and compensation pursuant to the Sale of Property Act of 3. July 1992 no. 93 sections 4-12 and 4-14. Case history: Kristiansand City Court no. 97-02098 - Agder Court of Appeal LA-1998-01251A - Supreme Court HR-2000-00011A, no. 248/1999.

Decision 8. February 2000

Sentencing. The accused had exposed two women to the risk of contracting HIV, and one of them had contracted the virus. Case history: Orkdal District Court no. 99-2 - Frostating Court of Appeal LF-1999-00355 M - Supreme Court HR-2000-00010A, case no. 62/1999.

Decision 4. February 2000

Sentencing.Case history: Eidsivating Court of Appeal - Supreme Court HR-2000-00009A, case no. 3/2000.

Decision 1. February 2000

Case concerning the power of the courts when making a custody order pursuant to the Parents and Children Act section 35, third paragraph, cf. section 34, third paragraph, to order joint custody subject to a condition that the father cannot oppose the removal of the child to Germany. Case history: Oslo City Court no. 97-10900 A/14 - Borgarting Court of Appeal LB-1998-03092 A/03 and LB-1998-03093 A/03 - Supreme Court HR-2000-00008A, no. 236/1999.

Decision 24. January 2000

Appeal on a point of procedure against a decision of the Court of Appeal concerning the fixing of the quantum of damages for breach of contract. The issue was whether the Court of Appeal had acted beyond its powers when it awarded higher damages than the award made by the district court in a case where there had been no cross-appeal lodged. Case history: Trondenes District Court no. 96-386 - Hålogaland Court of Appeal LH-1998-00542 - Supreme Court HR-2000-00007A, no. 222/1999.

Decision 24. January 2000

Case concerning the interpretation and application of the Occupational Injuries Insurance Act section 21, more particularly whether an illness was ascertained before the Act entered into force on 1. January 1990. Case history: Sandefjord City Court no. 98-00114A - Agder Court of Appeal LA-1998-01420A - Supreme Court HR-2000-00008B, no. 256/1999.

Decision 21. January 2000

Case concerning whether or not an advertisement for clothes carrying an emblem that is a company trademark for beer and mineral water, falls within the scope of the prohibition against advertising for alcohol in the Alcohol Act section 9-2, first paragraph. Case history: Oslo City Court - Supreme Court HR-2000-00006A, no. 193/1999.

Decision 18. January 2000

Case concerning sentencing for aggravated bank and post office robbery. Case history: Sarpsborg City Court/Heggen and Frøland District Court No. 98-00247 M/98-00116 M - Borgarting Court of Appeal LB-1998-03064, LB-1998-03065 M/02 - Supreme Court HR-2000-00004A, case no. 71/1999.

Decision 18. January 2000

A Supreme Court Justice was not disqualified from hearing a case concerning the criminal liability of a corporate enterprise, see the Courts Act section 108 and the Penal Code section 48a. In 1992, he had written an article about the criminal liability of corporate enterprises in the press, and in his capacity as Director General of Public Prosecutions he had given instructions implementing the rules. In principle, a judge is not disqualified on account of views he has expressed in a legal work. His interest was not of such a nature that it disqualified him. Case history: Supreme Court HR-2000-00005B, case no. 60/1999. Case concerning the conditions for imposing preventing supervision. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00005A, case no. 65/1999.

Decision 18. January 2000

A 32-year-old male with previous convictions was sentenced to imprisonment for a period of four years and six months for breach of the Penal Code section 193 (indecency with a person who is incapable of resisting the act), section 162 (drug felony) and the Drug Act section 24. He had, inter alia, had sexual intercourse with women after having served them intoxicating substances or sedatives so that they became unconscious or fell into a deep sleep. In sentencing for breach of the Penal Code section 193, first paragraph, second sentencing alternative, the court drew a parallel with sentencing practice for rape (Penal Code section 192). - The Penal Code section 229, first sentencing alternative (reducing a person to helplessness, unconsciousness or any similar state) could not be applied concurrently with the Penal Code section 193, first paragraph, second sentencing alternative, the latter being deemed to consume the former. The Court also ordered the confiscation of indecent photographs portraying women other than those of whom he was convicted of assaulting, see the Penal Code section 37b. Dissent 3-2 regarding the issue of confiscation. Case history: Agder Court of Appeal - Supreme Court HR 2000-00006B, case no. 72/1999.

Decision 7. January 2000

Case concerning sentencing where an attorney had embezzled client account funds. Case history: Supreme Court HR-2000-00002A, case no. 63/1999.

Decision 7. January 2000

A 24-year-old male with previous convictions was sentenced to one year and nine months imprisonment for breach of the Penal Code section 229, first paragraph, second sentencing alternative, cf. section 232 (aggravated assault occasioning bodily harm resulting in disability or permanent injury), cf. section 230 (increase in sentence due to a previous conviction for violent crime). The sentence included 102 days carried over from a former conviction for assault occasioning actual bodily harm. In the present case, he had slashed the victim's face with a decorator's knife. There had been no real provocation. Dissent 3-2. Case history: Supreme Court HR-2000-00003A, case no. 70/1999.

Decision 7. January 2000

A patient won his application to be discharged from forced psychiatric after-care, see the Mental Health Act section 13, first paragraph, cf. section 6, cf. section 5. The primary requirement of a serious mental illness was deemed to be satisfied, but not the criteria concerning treatment - in this particular case whether the mental health of the patient was very likely to deteriorate in the relatively near future. Case history: Tønsberg City Court - Supreme Court HR-2000-00003B, no 343/1999.

Decision 7. January 2000

A 30-year-old male was sentenced in the lower court to five months imprisonment, of which 60 days were unconditional, for a number of offences including fraud, see the Penal Code section 270. He claimed in vain that the president of the district court had been disqualified from hearing the case pursuant to the Courts Act section 106 no. 7. The basis for his claim was that the daughter of the chief local judge and the son of one of the police officers who had taken part in the search of his premises in connection with the investigation of the count of fraud, were married. The Supreme Court found that the police officer was not one of the groups of persons covered by the Courts Act section 106 no. 7. Nor were the chief local judge and the police officer related within the definition of the provision. Furthermore, the president of the court was not disqualified pursuant to the Courts Act section 108. Case history: Agder Court of Appeal - Supreme Court HR-2000-00004B, case no. 67/1999.

Decision 7. January 2000

A 31-year-old man with no previous convictions was sentenced to 90 days imprisonment for breach of the Penal Code section 229, first sentencing alternative (assault occasioning bodily harm). He had inflicted several blows to the victim's face with his fist, as a result of which the victim's cheekbone and the partitioning wall of his nose were broken. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00001A, case no. 68/1999.

Decision 6. January 2000

A 31-year-old man with no previous convictions was sentenced to 90 days imprisonment for breach of the Penal Code section 229, first sentencing alternative (assault occasioning bodily harm). He had inflicted several blows to the victim's face with his fist, as a result of which the victim's cheekbone and the partitioning wall of his nose were broken. Case history: Gulating Court of Appeal - Supreme Court HR-2000-00001A, case no. 68/1999.

Decision 6. January 2000

Five men had in varying degrees taken part in two or more of a total of five instances of importing narcotics. They were convicted for breach of the Penal Code section 162, first and second paragraph, cf. fifth paragraph (aggravated drug felony concerning a large quantity, and complicity) and sentenced to imprisonment for varying periods between four years and two months, and fourteen months. Dissent 3-2 as regards a co-accused who had acted as courier on two of the trips and who was sentenced to fourteen months imprisonment. In sentencing, the Court equated ecstasy and cocaine with amphetamine: 8 ecstasy tablets were deemed under certain conditions to be equal to one gram of amphetamine, and cocaine was deemed to be equivalent to amphetamine. Case history: Stavanger City Court - Gulating Court of Appeal cf. inter alia LG-1998-01742 - Supreme Court HR-2000-00001B, case no. 59/1999.

Decision 6. January 2000

A 36-year-old male with no previous convictions was sentenced to seven years imprisonment for breach of the Penal Code section 162, second paragraph, cf. first paragraph, fifth sentence (aggravated drug felony and complicity in a drug felony), and section 317, first paragraph (receiving the proceeds of a criminal act). The Court also ordered confiscation of NOK 1 500 000 being the proceeds of crime, see the Penal Code section 34, cf. section 37d, first paragraph. He had imported 50 000 Temgesic tablets, 49 000 of which he had resold. The Court stated that the sentence for illegal dealing with Temgesic should be stricter than the sentence for dealing with cocaine and amphetamine, but not as strict as for dealing with heroin. This view moderated former Supreme Court practice narcotics cases concerning Temgesic. Case history: Eiker, Modum and Sigdal District Court No. 98-00741 M - Borgarting Court of Appeal LB-1998-03563 M/01 - Supreme Court HR-2000-00002B, case no. 51/1999.

Decision 22. December 1999

The majority in the Court of Appeal (the lay judges) had acquitted a lorry driver of breach of the Penal Code section 239 (negligently causing the death of another person) and the Road Traffic Act section 3 (general duty to drive with care). On a downhill winding stretch of road, which was marked with "dangerous bends" signs, the trailer skidded and the driver of a motor car coming in the opposite direction was killed. With dissenting votes (4-1) the Supreme Court quashed the judgement of the Court of Appeal on the grounds that the reasons for the judgement were not adequately stated. The issue was raised as to whether the accused ought to have allowed a wider safety margin when he reduced speed before embarking on the decent. Case history: Frostating Court of Appeal - Supreme Court HR-1999-00071B, case no. 56/1999.

Decision 22. December 1999

A tax-payer who has not complied with the duty in the Tax Assessment Act section 4-1 no. 1, second sentence, to inform the income tax authorities of errors in his tax-assessment of which he is fully aware, is deemed to have given "incorrect or incomplete details" pursuant to section 9-6 no. 3 litra a of the Act. Case history: Oslo Court of Execution and Enforcement No. 98-01740 D - Borgarting Court of Appeal LB-1999-00635 K/04 - Supreme Court HR-1999-00091A, court order journal no. 239/1999.

Decision 21. December 1999

A 45-year-old woman who was 100 % medically and occupationally disabled following a road traffic accident in 1993, was awarded compensation for permanent injury, special damages and loss of future earnings. The case before the Supreme Court was limited to a claim for damages for incurred and future losses, which were calculated to be NOK 3 200 000. The claim for compensation for the cost of treatment abroad was dismissed. The case considers claims for compensation under the system of user-directed personal assistants. Private insurance payouts amounting to some NOK 1.5 million were not deducted, see the Damages Act section 3-1. Case history: Gulating Court of Appeal - Supreme Court HR-1999-00070B, no. 334/1998.

Decision 21. December 1999

In accordance with a collective pension insurance agreement, an insurance company gave a premium discount based on a tariff from 1963 founded on 4 % of the stock capital in the company, see the Insurance Companies Act of 29. July 1911 no. 1 section 73, second paragraph no. 2, cf. section 74 and section 75. Following an increase in interest rates, the discount was increased. When new rules were introduced in the Insurance Business Act of 10. June 1988 no. 39 section 8-1, the customer companies claimed in vain that they were entitled to a share of the profit calculated on the basis of the full premium exclusive of discount. The Supreme Court gave weight to the principle of insurance law that provides that pay-out shall be proportionate with payments in. Case history: Trondheim City Court no. 96-00412/97-00298 A - Frostating Court of Appeal LF-1997-01013 A - Supreme Court HR-1999-000901, no. 70/1999.

Decision 20. December 1999

The police and prosecuting authority can require details of a subscriber's name, address, telephone number or data communication address, cf. the provisions concerning the duty of secrecy in the Telecommunications Act of 23. June 1995 no. 39 section 9-3, third paragraph. The provision must be construed narrowly, and qualifications attached to the information that the police have to provide in order to gain access to the details required. A majority of the Court held that a so-called dynamic host address/IP-address/IP-number - i.e. a new number that is allotted to the subscriber each time a connection is made - with precise details of the time of the connection which pointed unambiguously to the subscriber, sufficed for the name of the subscribing customer to be disclosed. Dissent 4-1. Appeal against a court order heard by a chamber of the Supreme Court (as opposed to the Appeals Selection Committee of the Supreme Court) pursuant to the Supreme Court Act of 1926 section 6. Case history: Lofoton Court of Examination and Summary Jurisdiction - Hålogaland Court of Appeal LH-1998-00892 - Supreme Court HR-1999-00088A, case no. 29/1999.

Decision 20. December 1999

A 29-year-old male with no previous convictions was sentenced to 18 days imprisonment for breach of the Penal Code section 238 (negligently causing serious injury to body or health) and the Road Traffic Act section 3 (general duty to drive with care). In a zone with a 60 km/hr speed limit, he had tried to negotiate an almost 90 degree right hand bend in the road at a speed of 60 km/hr. The bend was clearly marked well ahead. He braked in panic, failed to negotiate the bend and collided with another vehicle coming in the opposite direction. The driver of the other vehicle was injured in the collision. Dissent 3-2. Case history: Trondheim City Court no. 99-00037 A - Frostating Court of Appeal LF-1999-00440 M - Supreme Court HR-1999-00089A, case no. 64/1999.

Decision 17. December 1999

A 24-year-old male with previous convictions was sentenced to three years and two months imprisonment, of which 120 days were unconditional, for breach of the Penal Code section 174, first paragraph (counterfeiting money) and section 162, first paragraph, cf. fifth paragraph (complicity in a drug felony). The breach of section 174 concerned aiding and abetting the production of false banknotes amounting to NOK 47 000 using PC-equipment. Imprisonment and community service, which pursuant to the Penal Code section 15 are main penalties, cannot be awarded concurrently. Case history: Agder Court of Appeal - Supreme Court HR-1999-00069B, case no. 61/1999.

Decision 16. December 1999

The City Court had acquitted the accused of breach of the Act relating to Dispensation from Military Service on the Grounds of Personal Conviction of 19. March 1965 no. 3 section 19, second paragraph, cf. section 20. The City Court had found that there was a breach of the provision, but that Article 9 of the European Convention on Human Rights on the right to freedom of conscience barred conviction. The acquittal was quashed. The duty to serve military service is excepted from the prohibition against forced or compulsory labour, see Article 4 no. 3 litra b of the European Convention. Article 9 cannot be interpreted to mean that the right to freedom of conscience conveys a right to defy an order to do civil service. A procedural error made in the Court of Appeal was not given effect, see the Criminal Procedure Act section 343. Case history: Gulating Court of Appeal - Supreme Court HR-1999-00087A, case no. 66/1999.

Decision 15. December 1999

In connection with the financial reorganisation of a general partnership, one of the partners was forcibly bought out. Part of his share of the company debt was waived. The debt reduction was deemed to be a taxable clearance profit pursuant to the Company Taxation Act section 6-7. Dissent 3-2 and separate comments from one of the justices. The administrative decision concerning additional tax was not upheld, see the Tax Assessment Act section 10-2 Case history: Tønsberg City Court no. 97-01507 - Agder Court of Appeal LA-1998-01047 A Supreme Court HR-1999-00068B, no. 138/1999.

Decision 9.December 1999

An application to reopen a second valuation (appraisal) carried out pursuant to the Nature Protection Act section 20, cf. the Civil Procedure Act section 407, first paragraph no. 6, was dismissed. A premise at the second evaluation had been that it was foreseeable that gravel from areas lying outside the nature preservation area could be extracted. However, change of user of the ground was subsequently refused, see the Land Act of 12. May 1995 no. 23 section 9. This was an event that took place after the second valuation and therefore did not give grounds for reopening pursuant to the Civil Procedure Act section 407, first paragraph no. 6. Four Justices stated that the freeholder had the "right at a new valuation to have calculated damages on the supposition that the gravel could not legally be extracted from that part of his property lying outside the preservation zone, unless the administrative decision refusing dispensation was overturned". Appeal against a court order heard by a chamber of the Supreme Court (as opposed to the Appeals Selection Committee of the Supreme Court) pursuant to the Supreme Court Act of 1926 section 6. Case history: Nordmøre District Court no. 94-00983 B - Frostating Court of Appeal LF-1998-00439 B - Supreme Court HR-1999-00067B, interlocutory order journal no. 175/1999.

Decision 8.December 1999

A woman was appointed as supporting guardian (next friend) for her elderly aunt, see the Guardianship Act section 90a. The supporting guardian embezzled her aunt's money, and the local authority was held liable in damages for lack of supervision on the part of the office of the public trustee, see the Damages Act section 2-1. The specific liability provision in the Guardianship Act section 92 does not apply to supporting guardianship pursuant to section 90 a. Case history: Frostating Court of Appeal - Supreme Court HR-1999-00086A, no. 53/1999

Decision 6. December 1999

A 35-year-old male with previous convictions was sentenced to 18 months imprisonment for, inter alia, having killed his seriously ill mother out of compassion, see the Penal Code section 233, first paragraph, cf. section 235, second paragraph. Dissent 3-2. Case history: Supreme Court HR-1999-00066B, case no. 46/1999.

Decision 1. December 1999

Case concerning review of an administrative decision of the County Board for Social Welfare Cases concerning a care order pursuant to the Child Welfare Act. Case history: Stavanger City Court no. 97-00282 - Gulating Court of Appeal LG-1997-01924 A - Supreme Court HR-1999-00084A, no. 124/1999.

Decision 1. December 1999

Two men were given conditional sentences of 75 days and 60 days respectively for indecent assault - sexual intercourse - with a girl who was 15 ½ years old at the date of the crime, see the Penal Code section 196, first paragraph (act of indecency with a person under 16 years of age). The two appellants were aged 20 years and 8 months and 21 years and 2 months respectively at the date of the crime. The Court gave weight to the victim's age, and pointed out that the circumstances of the case were such that the crime almost came within the scope of the Penal Code section 196, fourth paragraph, whereby the penalty can be remitted or imposed below the minimum specified if the act of indecency is committed between persons who are about equal in age and development. The youngest appellant had two previous convictions, and the eldest had previous fines. Dissent 3-2. Case history: Lofoton District Court no. 98-410 M - Hålogaland Court of Appeal LH-1999-00002 and LH-1999-00003 M - Supreme Court HR-1999-00085A, case nos. 41/1999 and 42/1999.

Decision 26. November 1999

The Supreme Court quashed the dismissal by the lower court of a case against an attorney concerning the declaration of nullity of a defamatory statement, see section 253 no. 2 of the Penal Code. A purportedly defamatory statement had been made in a notice of dismissal written by the attorney on behalf of a client. The Court held that when an attorney acts in a non-litigious or non-investigatory capacity, an action may be brought against him for a declaration of nullity of allegations he has made or conveyed on behalf of his client. An attorney cannot seek to have such an action dismissed by later explaining that he does not vouch for the allegations. Such does not amount to a withdrawal of the allegations that he has conveyed. Appeal against a court order heard by a chamber of the Supreme Court (as opposed to the Appeals Selection Committee of the Supreme Court) pursuant to the Supreme Court Act of 1926 section 6. Case history: Gulating Court of Appeal - Supreme Court HR-1999-00083A, case no. 28/1999.

Decision 29. November 1999

The tenant's right of purchase pursuant to the Owner Tenant Act of 1983 section 10, was statute barred. A right of purchase pursuant to the Act is subject to the rules of limitation contained in the Limitation Act section 3 no. 1, section 10 and section 14. The limitation period was not broken by acknowledgement. The notice to quit was valid, see the Tenancy Act of 1939 section 38. Failure by the tenant to pay rent in order to force the sale of the property amounted to a serious breach. The special protection against termination of tenancy in section 48, third paragraph of the Tenancy Act, does not apply in the event of serious breach. Case history: Oslo City Court no. 97-09509 A/55 - Borgarting Court of Appeal LB-1998.02741 A/02, LB-1998-02742 A/02 - Supreme Court HR-1999-00063B, no. 224/1999.

Decision 1. December 1999

In an injunction order, a publisher was ordered to enclose a corrigendum in a history volume when it was put on sale, due to a defamatory allegation that had been made. The corrigendum was also to be sent to libraries and public institutions that were known to have purchased the volume, see the Act relating to the Legal Enforcement of Claims section 15-6, cf. section 15-1 and section15-2, first paragraph litra b and section 15-8. The allegation was in breach of the Penal Code section 246, section 247 and section 253 no. 1 (various forms of defamation). The injunction was necessary, and not in breach of Article 10 of the European Convention on Human Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 100 of the Norwegian Constitution. Appeal against a court order heard by a chamber of the Supreme Court (as opposed to the Appeals Selection Committee of the Supreme Court) pursuant to the Supreme Court Act of 1926 section 6. Case history: Borgarting Court of Appeal - Supreme Court HR-1999-00064B, interlocutory order journal no. 187/1999.

Decision 1. December 1999

A 22-year-old male with previous convictions was sentenced to two years and six months imprisonment for several breaches of the Penal Code section 195 and section 212 (various counts of indecent assault). He also received an additional five years of preventive supervision. The accused had abused three young boys since they were a year or 18 months old. Case history: Kristiansand City Court no. 98-127 - Agder Court of Appeal LA-1998-01445 - Supreme Court HR-1999-00065B, no. 58/1999.

Judgement 17. November 1999

Case concerning a claim for compensation pursuant to the Damages Act section 3-6, on the grounds that a television broadcasting company (TV2) had published the name and photograph of an assistant nurse who was accused of the murder of 10 residents of a nursing home for the elderly.

Judgement 16. November 1999

The Drammen based brewery AS P. Ltz. Aass, had sold beer under the name “Lundetangen”. The essential issue was whether Aass thereby had committed a tortious breach of Ringnes AS' right to a trademark that was established when it was acquired by Ringnes some 10 years prior to the time when the dispute arose, but that had not been used since.

Judgement 12. November 1999

Sentencing. Drug offence. Storage of 1.2 kilograms of hashish.

Judgement 11. November 1999

Case concerning the validity of a resolution refusing consent to the acquisition of shares in the limited company AS Østlendingen, see the now repealed Limited Companies Act of 4. June 1976 No. 59 section 3-4, third paragraph, third sentence, which provides that refusal to consent must be justifiable.

Judgement 11. November 1999

Case concerning whether the employer’s duty to provide alternative employment pursuant to the Working Environment Act section 60 no. 2, is fulfilled in a situation where the employer offers the dismissed employee another position in the operation and makes the offer of such employment subject to a trial period, see the Working Environment Act section 63.

Judgement 11. November 1999

Kanwarjit Tony Singh Bansi ran a physiotherapy clinic in Blystadlia in the local authority of Rælingen. The local authority entered into an agreement with Bansi, whereby the local authority agreed to subsidise the running costs of the clinic in respect of three private practising physiotherapists at the clinic. The essential issue in the case was whether the local authority was entitled to terminate the contract with Bansi and to reduce the number of private practising physiotherapists in respect of whom the it paid the subsidy, from three to two.

Judgement 5. November 1999

Case concerning the validity of a decision of the inland revenue that unpaid interest on a loan from a holding company to its foreign subsidiary, was liable to tax. The primary issue was whether interest on the loan had been “gained” in the terms of the Taxation Act, or alternatively whether such interest was deductible as a result of waiver.

Judgement 5. November 1999

Case concerning breach of the Schools Act of 13. June 1969 No. 24 section 13 no. 10 (as amended by statute of 19. June 1997 § 13 no. 11), whereby the four appellants – parents A, B, C and D – had kept their children away from compulsory education during the school year 1997-8.

Judgement 1. November 1999

Case concerning a bank’s claim against its customers for the refund of losses incurred in connection with a currency transaction undertaken by a middleman.

Judgement 29. October 1999

Case concerning the conditions for applying the more lenient provision on counterfeiting of money in the Penal Code section 174, second sentence, and sentencing for counterfeiting of money and fraud.

Judgement 29. October 1999

Criminal case. Sentencing. Indecent assault of two daughters and a friend of one of the daughters

Judgement 27 October 1999

Judgement 27 October 1999 A milk supplier and stakeholder in TINE Midt Norge BA (TINE) (a dairy co-operative), brought a civil action for damages against TINE for purported discrepancies in the registering of milk supplies. TINE argued in vain that the case should be dismissed on the grounds that there was an arbitration clause in TINEs statute of incorporation. Remarks concerning the requirement that an arbitration clause must be in writing, cf. the Civil Procedure Act section 452. The Supreme Court found that there was nothing in the travaux preparatoires to the Civil Procedure Act or in court practice to support the assertion that a statute of incorporation could form the basis of acceptance of a valid arbitration agreement. An arbitration clause in a statute of incorporation was not comparable with a clause providing that breach by one party to an agreement can be dealt with in a manner to be determined at the discretion of the other party. The case concerned an appeal against a court order, and was dealt with by a division of the Supreme Court as opposed to the Appeals Selection Committee, pursuant to the Supreme Court Act section 6, second paragraph.

Judgement 27 October 1999

A police officer who was not named but who was identifiable in a photograph in a newspaper article bearing the headline “This is where the police hit”, was awarded NOK 100 000 in damages for defamation, cf. the Penal Code section 247 and the Damages Act section § 3-6. In principle, the newspaper was entitled to publish material from the video film upon which the article was based, but it had not made sufficient inquiries as to whether the force employed by the police was lawfully justified. The Court made remarks concerning the balance between freedom of speech and personal privacy.

Judgement 26. October 1999

In 1973, the Directorate of Hunting, Gaming and Fresh Water Fishing released the crustacean mysis relicta into Selbusjøen (a lake in mid-Norway) in order to increase the fish population that had diminished as a result of a number of waterway regulation projects. The emission resulted in a reduction of the stock of char fish in the lake, and freeholders with fishing rights in there were awarded compensation on the basis of fault liability, cf. the Damages Act section 2-1. The Inland Fishing Act of 1964 section 31 provided sufficient authority for the action taken by the Directorate. Dissent 4-1 regarding the latter issue.

Judgement 20. October 1999

In a case where the appeal proceedings in the Court of Appeal had lasted five weeks, the fact that the judgement was not pronounced until three months later was not a critical procedural error. In the circumstances, nor was it critical that one of the lay judges had been absent on one occasion from a deliberation and voting, cf. the Criminal Procedure Act section 31.

Judgement 19. October 1999

Judgement 19. October 1999 A 32-year-old male with previous fines was sentenced to imprisonment for a period of 3 years and six months for breach of the Penal Code section 162, first and second paragraph, cf. fifth paragraph, whereby he had stored approx. 60 grams of heroin and approx. 17 grams of hashish. The heroin had a degree of purity of 27 %, slightly below average. The Court made remarks concerning, inter alia, the relevance of the fact that the accused acts as a police informant.

Judgement 15. September 1999

An excluded heir to an estate in the USA made a claim for his share of the estate against a beneficiary resident in Norway. The suit could be filed in Norway at the ordinary venue pursuant to the Civil Procedure Act section 17 (being the court of the place of residence of the beneficiary). The Court made remarks concerning the Probate Act section 8. The principles of unity and universality of the estate could not exclude the jurisdiction of the Norwegian courts.

Judgement 10. September 1999

A 37-year-old male with previous convictions was sentenced to imprisonment for a period of one year and eight months for breach of the Penal Code section 162, second paragraph cf. first paragraph. He had purchased in excess of 23 grams of heroin with a 35 % degree of purity. The Court referred in its sentencing to previous Supreme Court sentencing practice.

Judgement 10. September 1999

A 35-year-old male with previous convictions was sentenced to twelve years imprisonment for extremely serious drug offences. He had sold approx. 100 kilograms of hashish, approx. 2.05 kilograms of amphetamine, approx. 150 grams of heroin and approx. 480 grams of cocaine. His appeal against the judgement in so far as it related to the confiscation of NOK 2 000 000, being the proceeds of crime, was dismissed, see the Penal Code section 34. The Court stated that it would be offensive to the sense of justice if in a case like this it availed itself of the discretionary power to reduce the amount to be confiscated.

Judgement 9. September 1999

A petition for forced sale was withdrawn when the debtor was placed under compulsory composition. The debtor breached the payment obligations under the composition, which was then discharged. A new petition for forced sale was lodged and resulted in partial recovery. A dispute arose between the first priority mortgagee and the second priority mortgagee as to whether the first priority mortgage included interest accrued up to two years prior to the first petition, or up to two years prior to the second petition, see section 1-5 (b) of the Mortgage Act. The Supreme Court found in favour of the second priority mortgagee, and held that the appropriate petition for determining priority as far as interest is concerned, must be the petition that results in recovery. Dissent 4-1.

Judgement 9. September 1999

Shortly before a lease expired, the lessee claimed an extension. The primary issue was whether the extension could be refused on the grounds that the lessor was obliged pursuant to section 33 of the Lease Act to apply to the King for an extension, or at least to have lodged an application no later than one year prior to the date of expiry of the lease, see the Lease Act section 10 first paragraph. The Supreme Court held that the lessor was entitled to an extension. In the interpretation of the Lease Act section 10, first and second paragraph and the transitional provisions for older leases in sections 32 and 33, the Court gave substantial weight to the need for clarity and foreseeability.

Judgement 9. September 1999

Two men, aged 34 and 27 years, were sentenced in the lower court to 12 and 10 years' imprisonment respectively for breach of the Penal Code section 162, first and third paragraph, first sentence cf. fifth paragraph (drug felonies). The first appellant, who had previous convictions, was also convicted under section 317 of the Penal Code (receiving the proceeds of a criminal act). Together they had imported two kilograms of heroin and 408 grams of amphetamine. Concerning the count of receiving the proceeds of narcotics (Penal Code section 317), the Supreme Court found that the financial gain, which amounted to NOK 75 000, warranted conviction for ordinary receiving (as opposed to aggravated receiving). The Supreme Court was competent to review whether the decision of the Court of Appeal on costs was in compliance with the law, see the Criminal Procedure Act sections 436 and 442. Dissent (4-1) concerning costs.

Judgement 7. September 1999

The conviction of a prison officer for purportedly having assisted a prisoner to escape, see the Penal Code section 131, was quashed. In its evidence, the prosecution had relied on a “statement” recorded using a hidden microphone and tape-recorder. This evidence was deemed to have been acquired unlawfully. The Court stated that it is a fundamental principle of the rule of law that a person who is suspected of a criminal offence shall have the right to remain silent and has no duty to contribute to his own conviction, see the International Covenant on Civil and Political Rights of 16. December 1966 Article 14 no. 3 g, the European Convention on Human Rights Article 6 no. 1, and the Criminal Procedure Act section 232.

Judgement 27. August 1999

A 36-year-old female was acquitted of breach of the Penal Code section 349a (discriminatory refusal to supply goods or services). It was purported that she had distributed for remuneration a list of accommodation for rent, where it was indicated that some of the properties were only available for rent to Norwegian citizens in secure employment. Neither the wording of section 349a nor the travaux preparatoires to the provision could be construed to include services offered by a private lessor, in a situation where the service is arranged through a commercial agent.

Judgement 27. August 1999

A 32-year-old male with previous convictions, was sentenced to one year's imprisonment for breach of the Penal Code section 162, second paragraph cf. first paragraph and section 162, first paragraph cf. fifth paragraph (various degrees of drug felony). The offence comprised the acquisition of 440 ecstasy tablets, the sale of 70 of the tablets and the acquisition of 10 grams of amphetamine. The 440 tablets corresponded to approx. 50 grams of so-called “street amphetamine”, i.e. amphetamine with a purity of approx. 50 percent. As in the case reported in Rt. 1996. 170, the Court found that dealing with ecstasy should be treated more harshly than dealing with a corresponding amount of amphetamine.