NORWAY Trends and Developments Contributed by: Christian Reusch, Jenny Sandvig, Oda Lauksund Engamo and Therese Sætre Løfsgaard, Advokatfirmaet Simonsen Vogt Wiig
ing that it was beyond the courts’ authority to grant such an order. The question for the Supreme Court was whether the Court of Appeal had correctly interpreted the rules on interim measures in the climate-change context. As of 1 October 2025, the Court of Appeal is yet to decide the main issue of the case – ie, the validity of the authorities’ decision to approve the development plans for the oil fields. Courts are authorised to order interim measures in environmental disputes The Supreme Court made several remarks on the interpretation of the rules on interim measures, both in general and in the context of environmental disputes. Key points include: • Sections 34 1 and 34 2 of the Dispute Act author- ise courts to grant interim measures where this is necessary and proportionate, and the claim is proven. • It is generally accepted that, where these condi- tions are met, courts may also safeguard public- law interests by granting interim measures in support of claims to invalidate decisions of public authorities. The same applies where the invalida- tion claim rests on alleged breaches of provisions designed to protect the environment. • Democracy considerations do not preclude courts from ordering interim measures in cases that raise climate or petroleum issues, as the Court of Appeal had assumed. In other words, the Supreme Court held that the courts are authorised to grant interim measures in climate lawsuits, provided the conditions in Sections 34-1 and 34-2 of the Dispute Act are met. The Court of Appeal had therefore interpreted the Act incorrectly. The Courts’ obligation to grant interim measures in environmental cases Although the Supreme Court held that courts are, in principle, authorised to grant interim measures in environmental disputes where the conditions in the Dispute Act are met, it nevertheless emphasised that, as a general rule, the provision does not oblige courts to grant such relief.
However, the Court clarified that this does not apply if the claim in question is based on a breach of envi- ronmental impact assessment requirements based on EEA law. In such cases, courts have a duty to grant interim measures to ensure the effectiveness of EEA law, the Supreme Court held. The decision suggests that Norwegian courts not only have jurisdiction to grant interim relief in cases alleg- ing breaches of environmental protection rules, but may be obliged to do so where those rules are derived from EEA law. Use of arrest to secure prospective legal costs Introduction That was not the Supreme Court’s only guidance on interim security over the past year. In HR 2025 495 U, a compensation dispute following the sale of a company, the Court considered whether a court may order the arrest (ie, conservatory attachment/freezing) of a defendant’s assets to secure a prospective costs award pending final judgment. Background and issue Under Section 20 2 of the Dispute Act, the successful party is ordinarily entitled to full recovery of its legal costs. However, the court may relieve the opposing party of liability where compelling grounds make that reasonable. The issue was whether the arrest provi- sions in Sections 32 1 and 33 3 authorise the court to order an arrest (conservatory attachment) to secure a prospective costs award. The Court’s assessment and conclusion As a preliminary point, the Supreme Court noted that, under Sections 32 1 and 33 3 of the Dispute Act, an arrest may be ordered only where the applicant estab- lishes, on the balance of probabilities, that it has a monetary claim against the respondent. Hence, to obtain arrest of the defendant’s assets as security for a prospective award of legal costs, the plaintiff must prove both that it has a monetary claim and that it ultimately will be entitled to full recovery of its costs, the Court observed. Regarding the costs element, the Court noted that Section 20 2 of the Dispute Act allows courts to relieve
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