Government measures in key jurisdictions 3rd edition final - Flipbook - Page 94
Norway
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New regulations which makes exceptions to the publics priority to claims regarding taxes and VAT.
The current requirements for equal treatment of creditors in a voluntary reconstruction and the
rules for minimum dividend in compulsory restructuring are abolished.
Changes to the rules on the adoption of the proposal for reconstruction.
It is expected that the law will become a permanent fixture of Norwegian bankruptcy law even after
January 2022.
Contractual
Issues
What measures
have been taken
to reinforce
contracts?
Property
Have any changes
been made to
the laws around
property, rent and
enforcement?
Litigation
Are the courts
operating?
In general, there has been no change in rules governing contracts.
The fact that there is an epidemic/pandemic that has or may have negative consequences is not in itself
sufficient to qualify as force majeure. Whether the effects of the coronavirus can be regarded as force
majeure or a material adverse change in a particular contractual relationship must be decided on a caseby-case basis.
No laws have been amended, however as mentioned above the government has put in place several
funding schemes which makes it more likely that tenants (both private and professional) will be able to
pay their rent.
Whether a tenant claim force majeure or otherwise demand a reduction in rent, payment deferrals or
renegotiation of other contract terms under the lease depends on a specific interpretation of the
relevant lease.
The courts are operating, though with certain Covid-19 restrictions and measures, such as restricted
access for spectators, the media, etc.
Due to the strict Covid-19 restrictions implemented in March 2020 the courts scaled back operations until
13 April 2020. Most first instance hearings and appeal hearings were postponed and had to be
rescheduled. Nevertheless, certain hearings were conducted as live-link meetings, pursuant to section
13-1, sub-section 3 b), of the Civil Procedure Act, and according to Section 2 of the temporary Corona Act
such live-link meetings could be conducted without prior consent, as long as the court found it
"necessary and unobjectionable" to conduct court hearings remotely.
The courts are working hard to get back on schedule and many postponed hearings have been
rescheduled. However, the courts are still prioritising criminal proceedings, labour disputes, family
disputes, etc.
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Government measures in key jurisdictions