Restrictions on private gatherings during the pandemic were valid

Two persons had refused to accept a fine for violation of section 8-1, cf. section 4-1, of the Infection Control Act, cf. section 3 subsection 1 of Regulations on infection control measures in Bergen municipality, as the provision read in November 2020. According to this provision, it was prohibited to be present at private gatherings of more than five people. The Supreme Court, unlike the Court of Appeal, concluded that the prohibition was valid, as the requirement of clear medical justification, see section 1-5 of the Infection Control Act, was met. The city council had not based its adoption of the Regulations on too narrow a medical foundation. The Court of Appeal's judgment was set aside.

Read the whole judgment (Norwegian only)

Key paragraphs: 26, 27, 62, 63, 66

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