The Norwegian government has been acquitted of an appeal against Norwegian cottage owners in Sweden, according to the Court of Appeal's judgment. - We're in shock, says the other side.
On Monday, the decision of the Court of Appeal was made after the cottage owners won in the Oslo District Court in February.
Six cottage owners in Sweden have been admitted to the Oslo District Court. They argued that part of the covid-19 legislation regarding entry quarantine was invalid.
The case was called by the state, and in May the appeal case began at the Borgarting Court of Appeal.
Read our next article on this case
Contrary to the district court, the Court of Appeal found the provisions to be valid, writes the Borgarting Court of Appeal in its verdict announcement.
“There has been no violation of the human rights of the cottage owners. The interventions were proportionate and justified in order to protect life, health and finances, writes the Court of Appeal.
The court writes that the interventions were also not contrary to the provisions of EEA law on the free movement of persons, services, goods and capital.
“The funds were still in the base legal provisions contained in the Act on infection control. There were no other reasons to suggest that the regulations were invalid. The government at the Ministry of Health and Care was therefore acquitted,” writes the Court of Appeal.
- Shock
After the case went to the district court, owners of recreational properties in Sweden organized themselves into the Norske Torpare association.
"We are shocked that the Court of Appeal decided to ignore the county court's assessment," says Heidi Furustøl, spokesman for Norske Torpare.
Furustøl says they will now sit down with their lawyers to hear the appeal to the Supreme Court.
Before today's verdict, Furustøl said a fundraiser would be necessary if further appeal was made.
"In that case, we need to consider whether we have the money to go to the Supreme Court." Furustøl NTB said and described it as David's fight against Goliath.
The judgment stated that the court costs were not reimbursable, which meant that the State had to bear its own costs in relation to the case.
Requires quarantine on entry
Norwegian cottage owners denied exemption from entry quarantine upon returning to Norway after spending the night in cottages in a neighboring country. About a thousand owners who have cottages in Sweden are behind this case. The group behind the lawsuit believes the cottage case is about democracy.
Cottage owners believe that the state's decision to require quarantine for overnight stays in a cottage is invalid and contrary to both human rights and the EEA Agreement.
The district court agreed that the entry quarantine legislation violated the applicants' freedom of movement and the right to respect for their home and family life. The court therefore found that the conditions for the quarantine obligation are invalid.
