A local government's right to refuse renting of e-scooter on municipal ground.Krav om lovhjemmel når kommunen i kraft av sin eierrådighet forbyr utleie av el-sparkesykler på kommunal grunn
Supreme Court judgment 16 December 2021, HR-2021-2510-A, (case no. 21-093372SIV-HRET), civil case, appeal against judgment.
Trondheim municipality
(The Office of the Municipal Attorney
represented by Øystein Block), The State represented by the Ministry of Transport (The Office of the Attorney General represented by Torje Sunde) (intervener), KS (Counsel Øyvind Renslo) (intervener) v. Ryde Technology AS (Counsel Anders Christian Stray Ryssdal)
Justices: Øie, Indreberg, Falkanger, Arntzen, Sæther
Trondheim municipality had adopted a ban on the rental of electric scooters on municipal grounds, with the exception of three providers that were to be selected by tender. Nonetheless, a provider that had not submitted a tender continued to place and move electric scooters around on the municipality's grounds. Like the previous instances, the Supreme Court's majority of four judges found that the municipality's decision had to be regarded as exercise of public authority and therefore required a legal basis. Particular emphasis was placed on the nature and purpose of the decision, the area of society it targeted and the citizens' exercise of their right to use on public roads. It was also significant that the citizens have different views on how strictly the rental of electric scooters should be regulated, so the framework for municipal regulation should be dealt with by the Storting and laid down by law. A minority of one judge found that by virtue of its ownership rights, the municipality could require that electric scooters could not be placed or rented on municipal grounds without the municipality's consent. The appeal against the Court of Appeal's judgment was dismissed. Dissenting opinions 4-1.