NORWAY Law and Practice Contributed by: Elin Moen, Arne Torsten Andersen, Helge Stemshaug and Beret Sundet, BAHR
8.2 Typical Timeline for Appeals Parties wishing to appeal an NCA decision to the CAT must do so within 15 working days of the NCA issuing its decision. The complaint is addressed to the CAT but sent to the NCA. Within 15 working days of receiving the appeal, the NCA must pass it on to the CAT with its com - ments on the appeal. Within 60 working days of receiving the appeal, the CAT must issue its decision. 8.3 Ability of Third Parties to Appeal Clearance Decisions Third parties cannot appeal a clearance deci - sion.
Committee and the working groups under this committee.
8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review The notifying parties to an intervention deci - sion (prohibitions or conditional clearance) can appeal the decision to the CAT. The parties may further bring the CAT’s decision before the Gulating Court of Appeals in Bergen, by way of a civil lawsuit. The NCA is not able to appeal the CAT’s decisions in merger cases. The appeal court decision may be appealed to the Supreme Court by both the parties involved and the NCA. Other affected parties with a legal interest (which, depending on the case, could be – eg, the seller in a prohibited transaction or parties potentially harmed by the conditions in a condi - tional clearance case) can appeal an intervention decision to the CAT and bring the CAT’s decision for judicial review. A decision to close a case without intervention cannot be appealed, neither by involved parties nor by third parties. The CAT and the courts may take a full review of an appealed prohibition case and adopt a new decision, uphold the prohibition or repeal the NCA decision. In appeals over conditional clearance decisions, the CAT may either uphold or repeal the NCA decision. In case of the repeal of a conditional decision, the NCA may adopt a new decision within 45 working days unless the CAT had found that the conditions for interven - tion were not fulfilled, where the CAT’s clearance decision is final.
9. Foreign Direct Investment/ Subsidies Review
9.1 Legislation and Filing Requirements The provisions of the Norwegian National Secu - rity Act (the “Security Act”) require that any direct or indirect acquisition of a ”qualified ownership interest” in a company that is subject to the National Security Act, is notified to the Ministry with sectoral competence for the company or the National Security Authority (NSM, Nasjonal Sikkerhetsmyndighet ) for approval. Companies that process classified information, or which conduct activities which are of a signifi - cant importance for fundamental national func - tions or national security interests can be des - ignated under the Security Act. Companies are notified by their relevant sectoral ministry or the NSM if they are designated under the Security Act. The number and identity of companies sub - ject to the Security Act is not publicly available.
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