The rules on entry quarantine from Sweden were legitimate
Supreme Court judgment 7 April 2022, HR-2022-718-A, (case no. 21-136017SIV-HRET), civil case, appeal against judgment.
A, B, C, D, E, F (Counsel Hans Petter Graver) v. The State represented by the Ministry of Health and Care Services (represented by Ida Thue)
From March 2020 to June 2021, the Covid-19 Regulations included exemptions from the quarantine duty upon entry into Norway for cabin owners who had visited their properties in Sweden to carry out strictly necessary maintenance and supervision, provided that they did not stay there overnight. The Supreme Court agreed with the Court of Appeal and found in favour of the State in the action brought by a group of cabin owners contesting the validity of this provision in the Regulations. The Court found that the cabin owners had sufficient legal interest in bringing an action under section 1-3 of the Dispute Act. The Supreme Court also concluded that in the spring of 2020, there was a clear medical justification for implementing a quarantine duty for travellers from Sweden, which was general with as few exemptions as possible, and that the requirements in section 1-5 of the Infection Control Act for keeping the quarantine duty unchanged during the period in question had been met. The quarantine duty constituted an interference with the right to respect for the individual's home protected under Article 102 of the Constitution and Article 8 of the ECHR. However, the requirements for a legal basis and legitimate purpose were met, and the Supreme Court also concluded that the measure was proportionate and therefore legal. The decisions on the quarantine duty were also not contrary to the EEA Agreement.
Area of law: Section 1-5 of the Infection Control Act. Human Rights. EEA.
Key paragraphs: 104-106, 117-129, 139-145
Justice: Skoghøy, Bull, Ringnes, Arntzen, Bergh
This judgment will be translated into English