“Very Clear” an Illegal Boycott of Wizz Air in Norway – E24

Although public and private companies may initially boycott others, the Boycott Law establishes clear rules on how to do so.

There are provisions in this 1947 law that Wizz Air believes that Norwegian public bodies have violated, and that the airline is therefore illegally boycotted. It is clear from the demand notices to which E24 has access.

On Monday, news broke that Wizz Air had filed lawsuits against both counties, municipalities and Statnett.

Everyone has openly refused to fly with the European low-cost giant. Following the threat of legal action, several have at the same time denied that this constitutes a boycott.

But the big question, according to attorneys with experience in boycott law, is whether the law’s definition of boycott is met, regardless of what the person doing the boycott calls it.

Legal Experts: Wizz Air May Be Right

If the answer is yes, Wizz Air also has several ways to make the boycott declared illegal by a court, because counties and municipalities may have the burden of proof that everything has happened according to the book.

There are several legal hurdles here that allow the airline to get it right quickly, lawyers tell E24.

Kurt Weltzien is Associate Professor II at Kristiania University College and has written a doctoral thesis on boycott law.

– This is clearly an illegal boycott, due to the lack of notification, says Weltzien, who also works as a lawyer at NHO.

Nicolay Skarning at Kvale is a specialist in labor law and has himself represented several companies in disputes related to boycott law, including in the Supreme Court.

Without concluding like Weltzien, Skarning states that “the law is clear”:

– Boycotts must be notified in advance, says the lawyer to E24.

– He sins a lot

Neither Statnett, counties nor municipalities would respond to E24 on Tuesday about whether they notified Wizz Air before their flight rejection, with two exceptions: Møre og Romsdal and Bergen confirmed they did not.

If the refusal to fly constitutes a boycott within the meaning of the law, Wizz Air should also have been notified in advance, experts tell E24.

– You must say why you intend to implement a boycott and give a reasonable time to the company you wish to boycott. There seems to be a lot here, says Skarning.

In their lawsuit notices, Wizz Air’s attorneys state that the airline was never notified in advance of the alleged boycotts, as required by law.

– If this is true: Then the airline can have a case?

– Yes, If a court finds that Wizz Air was actually boycotted according to the definition of the law, it would be illegal if the airline was not notified before the boycott within a reasonable time, Skarning says.

The great contentious issue

E24 has presented the allegation of illegal boycott to all public bodies that have received the notice of demand.

Statnett, the Municipality of Stord and the Municipality of Oslo deny that they boycotted Wizz Air in violation of the law.

Viken, Møre og Romsdal, Agder and the Bergen Municipality will not comment on the claim now and will point out that their legal departments will now process the notice of claim.

Skarning emphasizes that even a notified boycott can be illegal, depending on the purpose of the boycott.

It is not the case that all justifications are valid.

– In general, the requirements for organizing and collective bargaining will be considered legal purposes for a boycott, believes Skarning.

If the boycott dispute goes to court, he believes the big contentious issue will be whether or not the definition of boycott is met.

The first paragraph of the Boycott Law reads as follows: “By boycott, this Law means an encouragement, agreement or similar measure that, in order to force, injure or punish someone, aims to prevent or complicate the financial relationships of a person or company with others “.

– An invitation to customers not to buy goods or services, may covered by the statute’s definition of boycott, as this section is interpreted, the attorney explains.

– The law has been a bit asleep

So why do we have all these strict rules for boycotts? Why isn’t everyone free to boycott as they please?

– A boycott can be an extremely effective tool, if it has enough people. Therefore, the use of the boycott is subject to social control through the boycott law, says Weltzien.

He emphasizes that he speaks as Associate Professor II at Kristiania University College, and not on behalf of NHO. The national association NHO Luftfart has championed the arrival of Wizz Air in Norway.

Weltzien says there are historical reasons Norway has regulations that say boycotts can be banned.

– The boycott law has been inactive for a while, after it was widely used in the 1930s. At this time the first boycott law came, when the bourgeoisie ruled Norway. However, the law largely continued when the Gerhardsen government took control after the war.

– But freedom of expression in Norway and Europe has been significantly strengthened since then. There is a lot of scope for using words and expressions to engage people in your message.