NORWAY Law and Practice Contributed by: Christian Reusch, Øystein Nore Nyhus, Therese Sætre Løfsgaard and Oda Lauksund Engamo, Simonsen Vogt Wiig
Temporary judgments Temporary judgments are also available while awaiting a judgment (or a settlement) regarding the disputed claim, depending on the circumstances. These rulings do not decide the main claim brought before the court, only the security claim, so are made in the form of an interlocutory order ( kjennelse ). Nevertheless, they are enforceable while awaiting a final and binding out - come on the matter. Preliminary injunctions are rul - ings that may be obtained to secure both monetary and non-monetary claims. The injunction can force the other party either to do, refrain from or endure an act as a preliminary measure, or to sustain an attachment over one or more of the other party’s assets. Preliminary injunctions are enforceable immediately, provided that the other party does not voluntarily adhere to the injunction within the possible deadline set by the court. 2.2 Enforcement of Domestic Judgments To enforce a domestic judgment in Norway, the claim - ant must file a petition for enforcement to the local enforcement office. There is no (extra) notice period with which the claimant has to comply before initiating the enforcement process of its claim, as the procedure is for enforcing a promissory note debt, etc. It is suf - ficient that the judgment is rendered, and the awarded claim has fallen due. Procedure To enforce monetary judgments, the following proce - dure generally applies. • The first step – a petition for an execution lien ( utlegg ) over the debtor’s assets is sent to the local enforcement office. The legal venue is determined by the domicile of the debtor, or by the location of its assets. The enforcement office will then search for assets, often by involving the debtor, and some - times by involving the claimant as well. If specific assets are listed and requested in the claimant’s petition, the enforcement officer will rarely make much effort to search for further assets. When the enforcement office has searched for the assets available, it will put an execution lien over the asset(s) that are most feasible for recovery pur - poses.
• The second step – after the execution lien has been obtained, a petition for enforcement of the attached assets must be sent to the local enforce - ment office. The local enforcement office will then arrange for a forced sale of the assets or give other instructions to make sure that the money derived from the assets is released and paid to the claimant, depending on the type of asset that is attached. Similar sorts of procedures apply for other types of The following sorts of enforcement are also available, obviously depending on the type(s) of assets over which the debtor has ownership or other rights, and over which the enforcement office has put an execu - tion lien: • forced surrender, sale or redelivery of movables; • forced surrender or sale of financial instruments; • forced assignment of monetary claims against third parties; • forced payment of money available; • forced sale of IP rights, issuance of third-party licences and/or assignment of rights pursuant to licence agreements with third parties; • forced rental of assets other than those mentioned above and/or assignment of rights under such agreements; • forced sale of assets registered in an assets regis - ter; • forced transfer of property into a mortgagee’s use and possession; • forced sale of tenancy or occupation right docu - ments; domestic judgments. Types of Enforcement • decisions on obligations to act (other than those mentioned above), including daily or weekly penal - ties; and • penalties to force surrender of movables and secu - rities. Insolvency If a claimant expects the debtor to be insolvent, either before starting the enforcement process or after receiving a “nothing to restrain” decision from the enforcement office, the claimant may (instead)
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