New grand chamber hearing in the Supreme Court

Read the decision by the Chief Justice (Norwegian only) (PDF)

Back payment to employees in a temporary-work agency on the Norwegian continental shelf

Parties:
Saga Subsea AS (Counsel Thor Harald Eike) v. A, B (Counsel Bjørn Inge Waage), The union Styrke (Counsel Edvard Bakke) (intervener)

Attending in accordance with section 30-13 of the Dispute Act:
The State represented by the Ministry of Justice and Public Security
(The Office of the Attorney General represented by Ida Thue)

Proceedings:
Case 24-047132 Saga Subsea AS v. B and A was referred the Supreme Court on 3 May 2024 and was heard by a division on 3 and 4 December 2024. On 14 January 2025, it was decided that further proceedings would be conducted under section 9‑17 subsection 2 of the Dispute Act, and that an advisory opinion would be requested from the EFTA Court. The advisory opinion was submitted on 19 February 2026.

On 8 April 2026, a division of the Supreme Court decided that the question of whether Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (the Temporary Agency Work Directive) applies to work performed on board vessels used in petroleum activities on the Norwegian continental shelf, would be determined by an enlarged bench (forsterket rett). Consideration of the remaining issues in the case is deferred until the judgment of the enlarged bench has been delivered.

On 13 April 2026, the Chief Justice decided that the case will be heard by a grand chamber of the Supreme Court.