Summary of Supreme Court Decisions 2002

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.