Change of contractual party after loss of contract did not trigger rules on business transfer
Supreme Court judgment 22 December 2011, HR-2011-2393-A (case no. 2011/539), civil case, appeal against judgment
Gate Gourmet Norway AS (Counsel Lars Holo) v. Nguyen Thi Ha and others (Counsel Christen Horn and Sigurd-Øyvind Kambestad)
Justices: Kallerud, Normann, Utgård, Matheson, Gjølstad
The case concerned the application of the rules relating to transfer of an undertaking in chapter 16 of the Working Environment Act and the discrimination provisions contained in chapter 13 regarding the transfer of a catering business for airlines from one company to another. The Supreme Court held that the appeal must be allowed as regards the issue relating to transfer of an undertaking, but rejected the appeal as regards the discrimination issue.