Limitation of claim for repayment of agricultural grants
Supreme Court judgment 22 December 2021, HR-2021-2571-A, (case no. 21-086055SIV-HRET), civil case, appeal against judgment.
A, B (Counsel Aslak Runde) v. The State represented by the Ministry of Agriculture and Food (The Office of the Attorney General represented by Hilde Ruus)
Justices: Webster, Normann, Ringnes, Bergh, Thyness
Two farmers who converted to ecological operation received restructuring grants for two years. For several years after the two-year period, they applied for and received additional restructuring grants despite not being entitled to it. In accordance with section 13 of the Regulations relating to production grants, the agricultural authorities made a decision to request repayment of erroneously paid grants. In accordance with section 12 of the Regulations, decisions were also made on reduction and repayment of parts of other eligible grants. The Supreme Court found it clear that the original decisions on restructuring grants after the first two years were invalid, and that the limitation period for the claim for repayment of the erroneously paid grants commenced at the times of payment, as the repayment claims had arisen already then. However, the claims for repayment of the reduction amounts only arose when a decision had been to claim repayment and the claim had been made. These claims were thus not time-barred. The two farmers were ordered to pay the reduction amounts to the state.