Summary of Supreme Court Decisions 2003

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.