Claim against the State for invalid reversal of decision regarding fishing rights
Supreme Court judgment 19 December 2019, HR-2019-2396-A, (case no. 19-099584SIV-HRET), civil case, appeal against judgment.
Frøybas AS (Counsel Ole Rasmus Asbjørnsen) v. The State represented by the Ministry of Trade, Industry and Fisheries (The Office of the Attorney General represented by Jenny Arge Sandvig)
Justices: Indreberg, Normann, Ringnes, Høgetveit Berg, Steinsvik
The Ministry of Fisheries and Coastal Affairs had reversed an administrative decision regarding a right to engage in fishing of cod, haddock and pollock north of 62 north. The decision was declared invalid by a judgment of the Court of Appeal. The Supreme Court found like the lower instances that the State was not liable towards the shipping company for lost income because of the invalid administrative decision. There were no special circumstances that could justify a departure from the main rule that the State is not strictly liable for unwarranted exercise of power. The State was also not liable based on employers' liability, see section 2-1 of the Compensatory Damages Act. The Ministry's assessments were within the room for misjudgment allowed under the principle of due care in section 2-1 in a case like the one at hand. Nor was it negligent of the Ministry to reverse the administrative decision under section 35 of the Public Administration Act.