Restrictions on private gatherings during the pandemic were valid

A person had refused to accept a fine for violation of section 8-1, cf. section 4-1, of the Infection Control Act, cf. section 11 subsection 1 of Oslo municipality's Regulations on the prevention of corona infection (the Oslo Regulations), as the provision read in spring 2021. According to this provision, it was prohibited to arrange or participate in private gatherings in private homes with more than two people present. The Supreme Court, like the District Court and the Court of Appeal, concluded that section 11 of the Oslo Regulations was valid when it was violated, and thus upheld the fine. It was part of the application of the law to establish facts of significance when reviewing the validity of Regulations, so that section 306 of the Criminal Procedure Act did not limit the Supreme Court's competence in this area. The Regulations had a clear basis in section 4-1 subsection 1 (a) of the Infection Control Act. The requirements in section 1-5 of the Infection Control Act were met, including that of a clear medical justification. The Regulations were not a disproportionate measure in the light of the situation in March-April 2021, nor was the measure disproportionate, see Article 8 of the ECHR. The appeal against the Court of Appeal's application of the law was dismissed.

Read the whole judgment (Norwegian only)

Key paragraphs: 31, 39, 45, 63, 71, 80, 88, 90

Two judgments clarify the interpretation of sections 4-1 and 1-5 of the Infection Control Act and give guidance on which infection control measures are legitimate. 

Areas of law: Criminal law, infection control legislation. Sections 4-1 and 1-5 of the Anti Infection Act. Article 8 of the ECHR. 

Justices: Webster, Bergsjø, Ringnes, Bergh, Steinsvik