A breach of the free movement of persons, and/or the free movement of services?
In a new case submitted to the EFTA Court, Case E/23, LBL v Prosecuting Authority, the Supreme Court of Norway (Høyesterett) has sought guidance on the rights of persons to cross EU/EEA borders between EEA states during COVID-19 is a breach of the free movement of workers (Article 28 EEA, by analogy, Article 45 TFEU), and/or the free movement of service (Article 36 EEA, by analogy, Article 56 TFEU), and/or the Free Movement Directive (2004/38).
In the case at hand, a person was convicted after travelling from Norway to Sweden, and back again, and failed to present themselves for quarantine.
This is a particularly interesting case because of parallel proceedings that are currently before the Court of Justice of the European Union in Case C-128/22, Nordic Info.
One of the differences between the cases, in terms of the content of the request of the advisory opinion to the EFTA Court, and the reference for a preliminary ruling to the Court of Justice, is that the former does not mention the Schengen Border Code, whereas the latter does.
Moreover, the nationality-based discrimination on the application of quarantine also arises.
An oral hearing in Case E/23, LBL v Prosecuting Authority will likely be convened later in 2023 at the EFTA Court in Luxembourg.
The case can be traced at the following link: https://lnkd.in/ewfayHjt
Graham Butler