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Draft Monica Viken 160220
Denne fil er hentet fra Handelshøyskolen BIs åpne institusjonelle arkiv BI Brage http://brage.bibsys.no/bi Franchising in Norway: balancing complexity in a contractual relationship Monica Viken Handelshøyskolen BI Dette er siste forfatterversjon av artikkelen etter fagfellevurdering, før publisering i JFT: Tidskrift utgiven av Juridiska Föreningen i Finland, 152(2016)3: 338-365 Tidsskriftets forlag, Juridiska Föreningen i Finland, tillater at siste forfatterversjon legges i åpent publiseringsarkiv ved den institusjon forfatteren tilhører. http://jff.fi/ 1 Franchising in Norway – Balancing Complexity in a Contractual Relationship1 Associate Professor Ph.D Monica Viken 1. Introduction 1.1 Background and context The first known organized chain in Norway operating as a franchise is said to be a textile wholesale chain, established in 1966.2 The term “franchise” was not used, but the system matched the description of a franchise system. Franchising can be described as a commercial development strategy based on an interdependent partnership between independent commercial entities: the franchisor and franchisees.3 This partnership is typically based on the transfer of a package of intellectual property rights relating to trademarks, trade names, shop signs, utility models, designs, copyrights, know-how or patents, to be exploited for the resale of goods or the provision of services to end users.4 The number of franchise systems, as organisational forms, increased in Norway during the 1970´s, with 183 systems operating as franchises by 1998.5 The number is still increasing, with an estimated 242 franchise systems in 2004 and 300 systems in 2016.6 Within the retail industry one third of local units are owned or hired by a franchisee.7 As a result of this growth, 1 The author wishes to thank Petra Sund-Norrgård, Stojan Arnerstål and René Franz Henschel for their valuable feedback and comments. -
Gottschalk, P. Determinants of Fraud Examination Performance: an Empirical Study of Internal Investigation Reports
This file was downloaded from BI Open, the institutional repository (open access) at BI Norwegian Business School http://biopen.bi.no It contains the accepted and peer reviewed manuscript to the article cited below. It may contain minor differences from the journal's pdf version. Gottschalk, P. Determinants of fraud examination performance: An empirical study of internal investigation reports. J Investig Psychol Offender Profil. 2019; 16: 59– 72. https://doi.org/10.1002/jip.1520 Copyright policy of Wiley, the publisher of this journal: Authors are permitted to self-archive the peer-reviewed (but not final) version of a contribution on the contributor's personal website, in the contributor's institutional repository or archive, subject to an embargo period of 24 months for social science and humanities (SSH) journals and 12 months for scientific, technical, and medical (STM) journals following publication of the final contribution. https://authorservices.wiley.com/author-resources/Journal-Authors/licensing/self-archiving.html Determinants of Fraud Examination Performance: An Empirical Study of Internal Investigation Reports Petter Gottschalk Department of Leadership and Organizational Behavior BI Norwegian Business School Nydalsveien 37 0484 Oslo Norway +4746410716 [email protected] ABSTRACT Fraud examiners from global auditing firms and local law firms are in the business of private policing by conducting internal investigations in private and public organizations when there is suspicion of financial crime. The business is often characterized by secrecy, and reports of investigations are often difficult or impossible to disclose. Since 2012, we have successfully retrieved 63 fraud examination reports in Scandinavia. Based on these reports, this article presents a statistical analysis of fraud examination performance. -
JUDGMENT of the COURT 21 April 2021* (Directive 2004/38/EC
JUDGMENT OF THE COURT 21 April 2021* (Directive 2004/38/EC – Freedom of movement and residence – Expulsion – Protection against expulsion – Genuine, present and sufficiently serious threat – Imperative grounds of public security – Exclusion orders – Applications for lifting of exclusion orders – Material change – Necessity – Proportionality – Fundamental rights – Right to family life) In Case E-2/20, REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Borgarting Court of Appeal (Borgarting lagmannsrett), in the case between The Norwegian Government, represented by the Immigration Appeals Board (Utlendingsnemnda – UNE), and L, concerning the interpretation of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, as adapted to the Agreement on the European Economic Area, THE COURT, composed of: Páll Hreinsson, President, Per Christiansen and Bernd Hammermann (Judge- Rapporteur), Judges, Registrar: Ólafur Jóhannes Einarsson, Language of the request: Norwegian. Translations of national provisions are unofficial and based on those contained in the documents of the case. – 2 – having considered the written observations submitted on behalf of: − the Norwegian Government, represented by Kristin Hallsjø Aarvik, acting as Agent; − L, represented by Bent Endresen, advocate; − the Danish -
The Concept of Universal Crimes in International Law Terje Einarsen
The Concept of Universal Crimes in International Law Terje Einarsen The Concept of Universal Crimes in International Law Terje Einarsen 2012 Torkel Opsahl Academic EPublisher Oslo This and other books in the FICHL Publication Series may be openly accessed and downloaded through the Forum website (www.fichl.org). Printed copies may be ordered through online distributors such as www.amazon.co.uk. This book was first published on 15 August 2012. © Torkel Opsahl Academic EPublisher, 2012 All rights are reserved. You may read, print or download this book or any part of it from www.fichl.org for personal use, but you may not in any way charge for its use by others, directly or by reproducing it, storing it in a retrieval system, transmitting it, or utilizing it in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, in whole or in part, without the prior permission in writing of the copyright holder. Enquiries concerning reproduction outside the scope of the above should be sent to the copyright holder. You must not circulate this book in any other cover and you must impose the same condition on any acquirer. You must not make this book or any part of it available on the Internet by any other URL than that on www.fichl.org. ISBN 978-82-93081-33-3 To the memory of my father Einar, who died in December 2011, and to my mother Mary. Thanks for imprinting a sense of justice. We the Peoples of the United Nations Determined to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for obligations arising from treaties and other sources of international law can be maintained Charter of the United Nations (1945) The definition of a crime cannot, however, be made to depend on which nation commits the act. -
JUDGMENT Given 18 October 2019 by the Supreme Court Composed of Justice Magnus Matningsdal Justice Wilhelm Matheson Justice
JUDGMENT given 18 October 2019 by the Supreme Court composed of Justice Magnus Matningsdal Justice Wilhelm Matheson Justice Ragnhild Noer Justice Wenche Elizabeth Arntzen Justice Kine Steinsvik HR-2019-1929-A (sak nr. 19-029021SIV-HRET) Appeal against Gulating Court of Appeal’s judgment 2 January 2019 Propiedades Rott SL (Counsel Leif Inge Håland) v. Trond Lie Nilsen (Counsel Finn Eide) (1) Justice Arntzen: The case concerns financial settlement after the cancellation of an agreement for purchase of a flat in Spain. (2) In the spring 2014, Trond Lie Nilsen entered into an agreement with Propiedades Rott SL (hereafter referred to as Propiedades) for purchase of a flat in a planned building project in Villajoyosa, Spain. Propiedades is a company registered in Spain engaging in property development directed to the Norwegian market, among others. Ninety percent of the shares in the company are owned by Valor AS, which in turn is owned by the Norwegian Terje Rott and his family who have residence in Norway. Nilsen is a Norwegian citizen with residence in Norway. He bought the flat for private use. (3) On 7 March 2014, the parties signed a “binding purchase confirmation”. The purchase confirmation was written in Norwegian and signed in Norway. The purchase price was EUR 660 000 with the addition of 10 percent Spanish VAT (IVA). Upon signing, Nilsen transferred a “deposit” of EUR 11 000 to the seller’s Spanish bank account. (4) The agreement was revised twice in 2015, latest by a “binding purchase agreement” signed 25 September 2015 in Spain. The seller’s deadline for having the flat ready for takeover was set to 1 June 2016. -
Case No. 2007/207
SUPREME COURT OF NORWAY On 8th November 2007, the Supreme Court delivered the following judgement in HR-2007-1869-A, case no (2007/207), civil appeal against conviction A (Counsel Mr Harald Stabell) v. The Norwegian State, represented by the (Attorney General Mr Tolle Stabell, assisted Ministry of Labour and Social Inclusion by Counsel Mr Christian H.P. Reusch) J U D G E M E N T : (1) Mr Justice Flock: The case concerns the validity of an administrative decision pursuant to section 30 subsection 2 a) of the Immigration Act to expel a foreign national on the grounds that expulsion is necessary in the interests of national security. (2) A was born on ** 1956 in Northern Iraq. He came to Norway on 30th November 1991 together with his wife and three children as a UN quota refugee. The Norwegian Directorate of Immigration found that A satisfied the conditions to be recognized as a refugee and he and his family were granted refugee status by an administrative decision dated 13th April 1992. A was granted a residence and work permit, which was subsequently renewed several times. In 1998, he was granted a settlement permit in Norway. His wife and the four children that he had at the time were granted Norwegian citizenship in 2000. Later that year, A’s own application for Norwegian citizenship was rejected. In Norway, A is known as B. (3) When A came to Norway, the information he gave to the immigration authorities about his background and situation in Northern Iraq was very limited. On the basis of the information which is now available, his background can briefly be summarized as follows: (4) As a youth, A was an active member of an international Islamist Sunni movement known as the Society of the Muslim Brothers,. -
The Two EEA Courts’ – a Norwegian Perspective 1
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by NORA - Norwegian Open Research Archives ‘The two EEA Courts’ – a Norwegian perspective 1 Dr. Halvard Haukeland Fredriksen, University of Bergen A. Introduction – the notion of ‘EEA Courts’ To most Norwegian lawyers, the term ‘the two EEA Courts’ would probably be understood as a reference to the EFTA Court and the Supreme Court of Norway rather than, as suggested here, to the EFTA Court and ECJ. The understanding of the ECJ as not only an EU but also an EEA Court of Justice has only slowly sunk in to the Norwegian legal community.2 However, not least due to the somewhat troubling prospects to the free movement of capital in the EEA offered by the ECJ’s application of Article 40 EEA in a recent string of cases, 3 appreciation of the ECJ as the gatekeeper for market operators from the EFTA States seeking judicial protec- tion in the EU appears to gain ground: If the ECJ embarks on an interpretation of EEA law which differs from its own interpretation of corresponding provisions of EU law, the result will be gradual undermining of the Agreements overall goal to extend the internal market to include the EFTA States. Thus, the fate of the EEA Agreement at long last hangs on its continued acceptance by the ECJ. Even acknowledging that the ECJ is to be understood as an EEA Court, most Norwegian lawyers would probably argue that this raises the number of EEA Courts to three – the Supreme Court of Norway, the EFTA Court and the ECJ.4 A recent survey of the applica- tion of EEA law in Norwegian courts 1994-2010 has revealed that lower Norwegian courts indeed do appear to see the Supreme Court as an EEA Court proper, taking its decisions into 1 Readers with command of Norwegian should be warned at the outset that this contribution draws heavily upon the more extensive account in the author’s report ‘EU/EØS-rett i norske domstoler’ [EU/EEA law in Norwegian Courts], Report commissioned by the Norwegian EEA Review Committee, Oslo 2011. -
Norway Norway to Enforce Tough Measures for IP Rights
Amund Brede Svendsen and Felix Reimers Advokatfirmaet Grette Norway Norway to enforce tough measures for IP rights Strengthening IP rights enforcement for a long time in Norway, the rules are not uniform across Background all IP rights and, generally, only wilful infringements are In April 2011 the Ministry of Justice issued a proposal to punishable. With the exception of infringements against strengthen IP rights enforcement. One reason for the trademarks and integrated circuit rights in certain reform being proposed is increased public awareness of aggravating circumstances, the maximum prison sentence the need to combat dangerous counterfeit products is three months. It is thus unsurprising that only a few (especially pharmaceutical ones). The proposal includes all rights holders have taken the time to press charges against IP rights laws, with the exception of copyright. IP infringers. Since Norway is not an EU member state, it is not The ministry now proposes that all IP rights should obliged to implement the EU IP Rights Enforcement have similar rules in this area, namely that: Directive (2004/48/EC). However, if the amendments • negligent infringements become punishable; proposed by the ministry are enacted, IP rights • the statutory maximum sentence be one year rather enforcement in Norway will become more similar than three months; and (although not identical) to the solutions put forward by • the statutory maximum sentence be extended to three the EU directive. years in particularly aggravating circumstances. Calculating damages Procedural law The proposal’s most fundamental amendment relates to Right to information the way in which damages are calculated for IP rights New provisions modelled on the EU directive are proposed infringement. -
JUDGMENT of the COURT 30 June 2021
JUDGMENT OF THE COURT 30 June 2021 (Social security – Regulation (EC) No 883/2004 – Articles 7, 63 and 64 – Unemployment benefits – Requirement to stay in the competent EEA State – Unemployed person going to another EEA State) In Case E-15/20, REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Borgarting Court of Appeal (Borgarting lagmannsrett), in criminal proceedings against P, concerning the interpretation of the Agreement on the European Economic Area, in particular Articles 3, 7, 28, 29 and 36 thereof, Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, THE COURT, composed of: Páll Hreinsson, President (Judge-Rapporteur), Per Christiansen and Bernd Hammermann, Judges, Registrar: Ólafur Jóhannes Einarsson, having considered the written observations submitted on behalf of: * Language of the request: Norwegian. Translations of national provisions are unofficial and based on those contained in the documents of the case. – 2 – - P, represented by Henrik Boehlke and Dag Sørlie Lund, advocates; - the Oslo Public Prosecution Office (Oslo statsadvokatembeter), represented by Henry John Mæland, Acting Director of Public Prosecutions (setteriksadvokat); -
Report Frafrom Koordineringsenheten the Coordinating Unit for Forvictims Ofre Forof Humanmenneskehandel Trafficking
RapportReport frafrom Koordineringsenheten the Coordinating Unit for Victimsfor ofre forof Humanmenneskehandel Trafficking 2016 2016 Juli 2017 August 2017 B REPORT BY THE COORDINATING UNIT FOR VICTIMS OF HUMAN TRAFFICKING Table of contents Summary 3 5 The rights of identified presumed victims 44 5.1 What rights do presumed victims have? .................. 44 1 The Coordinating Unit for Victims of Human Trafficking (KOM) 5 5.2 Why do many reject offers of assistance? ............... 44 1.1 A measure to improve coordination ............................. 5 5.3 Legal residence ................................................................. 45 1.2 Collaborating parties ........................................................ 6 5.3.1 Limited residence permits for victims of human 1.3 Mandate up for review ......................................................7 trafficking ........................................................................... 45 1.4 KOM’s situation report .......................................................7 5.3.2 Asylum application decisions where applicants have been identified as presumed victims .............. 47 2 KOM’s activities in 2016 9 5.3.3 Asylum centre residents ................................................ 50 2.1 Network operation and expertise development ..... 9 5.4 Assisted return and re-establishment ...................... 50 2.1.1 Meetings under the auspices of KOM .......................... 9 2.1.2 External meetings and seminars ..................................10 6 Criminal justice responses -
Norway Report 2020
United Nations A/HRC/43/53/Add.2 General Assembly Distr.: General 3 January 2020 Original: English Human Rights Council Forty-third session 24 February–20 March 2020 Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Visit to Norway Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment* Summary The Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, David R. Boyd, visited Norway from 12 to 23 September 2019, at the invitation of the Government. The purpose of the visit was to examine how well Norway has been implementing its human rights obligations related to environmental protection, to identify good practices and to investigate the environmental challenges the country faces. * The summary of the report is being circulated in all official languages. The report itself, which is annexed to the summary, is being circulated in the language of submission only. GE.20-00031(E) *2000031* A/HRC/43/53/Add.2 Annex Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment on his visit to Norway Contents Page I. Introduction .................................................................................................................................... 3 II. Legal -
Oslo District Court's Ruling of 10 January 2018 in the Criminal Case
Oslo District Court’s ruling of 10 January 2018 in the criminal case against Ola Rollèn Background On January 10, 2018 in Oslo District Court, Ola Rollèn was acquitted in a criminal case about insider trading brought against him by the National Authority for Investigation and Prosecution of Economic and Environmental Crime in Norway (“Økokrim”). The Court’s concluded that it was highly likely that Rollèn did not have any insider information when he bought stocks in the Norwegian listed company Next Biometrics Group ASA on October 15. In the ruling, the Court expressed the view that the Financial Supervisory Authority of Norway was guilty of a misunderstanding when it reported the case to Økokrim, and that the subsequent strong price movement of this stock became a highly misleading factor, which affected the authorities’ handling of the case. Økokrim appealed the ruling. After the case is transferred to the Court of Appeal, the Court of Appeal will decide whether the appeal is admissible. An appeal proceeding will likely not take place before the first half of 2019. Summary of the ruling In a bill of indictment of 15 March 2017, issued by Økokrim, Ola Rollèn was charged with breach of the Norwegian Securities Trading Act’s provisions prohibiting insider trading. The reason for the indictment was Ola Rollèn’s alleged misuse of insider information when buying stocks in the company NEXT Biometrics Group ASA (“Next”) listed on the Norwegian stock exchange on October 6 and 7, 2015. The official buyer was Rollèn’s own company, Iskossala Ltd (“Iskossala”); however, stocks were bought on behalf of Greenbridge Ltd, which is under establishment (“Greenbridge”).