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The case deals with tariffs for the use of the gas transport system (mainly owned by the joint venture Gassled) which transports gas from the Norwegian Continental Shelf to Europa, where the Norwegian State has been taken to court by four financial owners of Gassled.
The heart of the matter comprises a decision by the Ministry of 26 June 2013 to reduce the tariffs for use of the gas transport system. Such tariffs are set out in a separate tariff regulation. The new low tariffs will apply for transport after 1 October 2016 for gas transport agreements entered into after 1 July 2013. The plaintiffs, which owns about 44 per cent of the participating interest in Gassled, urge that Oslo District Court finds the decision of setting new lower tariffs to be invalid and also claim that the change will result in a NOK 14.7 billion loss in future revenues for the plaintiffs. Alternatively, if the courts find the decision to be valid, the plaintiffs claim damages for their loss as a result of insufficient work in relation to the Ministry’s approval of the plaintiffs’ acquisition of participating interests in Gassled in the period 2010-2012
The legal proceedings has been held in Oslo District Court lasting for seven weeks and the final day in court was 16 June. The verdict is expected to be known in September/October.
The team from Arntzen de Besche consists now of Torkjel K. Grøndalen, Steinar Eskild Trovåg and Merete Kristensen
Kluge also assists The Norwegian Ministry of Petroleum and Energy.