Norwegian will take government to court after receiving fine for non-fulfilment of climate obligations

Norwegian is seeking legal clarification of quota obligations during the reconstruction in 2020

The Ministry of Climate and Environment has today decided to maintain that Norwegian will be charged a fee for non-fulfilment of quota obligations in 2020. According to the Norwegian and Irish reconstructor, the company did not have the opportunity to fulfil its quota obligations. Norwegian disagrees with the ministry’s decision and warns that the company will seek legal clarification.

In autumn 2021, Norwegian announced that the company wanted legal clarification of its climate obligations during the reconstruction. Norwegian has now been notified that the Ministry of Climate and the Environment upholds the Norwegian Environment Agency’s decision to impose a fee on Norwegian for failure to fulfil its quota obligations in 2020, at a time when the company was undergoing reconstruction. Norwegian disputes the legality of the fee and is now seeking legal clarification. Norwegian is also asking for a temporary exemption from paying the fee until the case is finally resolved.

According to the Norwegian and Irish reconstructor, the company did not have the opportunity to fulfil its quota obligations. When Norwegian was informed about the fee in 2021, the Norwegian reconstructor, Håvard Wiker, was in dialogue with both the Norwegian Environment Agency and the Government Attorney. It was then made clear that Norwegian was undergoing reconstruction and prevented from fulfilling its quota obligations, and that doing so could even entail criminal liability for the company.

In the parallel Irish reconstruction process, the Irish court ruled that the quota obligations are subject to the curtailment of the creditor’s claim. In addition, Irish environmental authorities chose to refrain from imposing a fee on Norwegian’s Irish subsidiary, Norwegian Air International Limited, despite the fact that the company had not settled its quota obligations for 2020.

“We look forward to an orderly and proper clarification of this issue in court,” says Geir Karlsen, CEO of Norwegian.

The fee is close to NOK 400 million (~€40 million).

16 December 2022 08:00