§ 23. Interruption and decisions abroad

§ 23 is about claims that are pursued abroad. This may be because the debtor lives in another country. It may be because the agreement points to another country. It may be because the case naturally belongs there. The Limitation Act must then answer a practical question: do steps taken abroad also have effect in Norway?

The answer is yes, if the conditions are met. If, before the Norwegian limitation period runs out, you take an interrupting step in a foreign state, the interruption can also have effect in Norway. But the case must have been brought in a place where there is reasonable jurisdiction.

Jurisdiction means where the case can be heard. Reasonable jurisdiction means there must be a sensible and legally acceptable connection to the country or place where the case is brought. You cannot just pick a random country to try to save the deadline.

The interrupting step must be of the type mentioned in § 15 or § 16 no. 1. This typically means legal action (rettslige skritt) to obtain a judgment (dom) or a similar decision, or a case before a public authority (forvaltningsorgan) with special powers to decide the dispute. Informal letters to the debtor abroad are not enough under § 23.

When the conditions are met, the interruption has effect in Norway for as long as the proceedings continue. This means the claim does not become time-barred (foreldet) in Norway while the case is being dealt with abroad.

If the foreign case does not lead to a settlement or decision on the merits, § 22 no. 1 applies correspondingly. This means you may get a 1-year additional time limit (tilleggsfrist) after the case has ended, in the same way as when a case is dismissed or there is no decision on the merits in Norway.

The second paragraph concerns the outcome of the case. If the claim is established by a court settlement or decision on the merits that is recognised in Norway, a new 10-year period runs under § 21 no. 2. Recognised in Norway means that the foreign decision can be given effect here. It is then treated in many ways as a strong decision.

If the decision cannot be recognised in Norway, you still get limited protection. The effect of the timely pursuit of the claim lasts for 1 year from when the decision was made, but only to the extent the decision upholds the claim.

When does a case abroad have effect in Norway?

A case abroad has effect in Norway when it was started before the Norwegian deadline runs out, when it is an interrupting step similar to § 15 or § 16 no. 1, and when the case has been brought in a country with reasonable jurisdiction.

This means you must think about Norwegian limitation even if the case is heard abroad. If the Norwegian deadline runs out on 1 June 2026, the step abroad must be taken before then. You cannot start abroad afterwards and expect it to save the Norwegian deadline.

You must also look at what type of step you have taken. Sending a private letter demanding payment to the debtor's address in Sweden is not necessarily enough. Bringing a case before a Swedish court may be enough, if Sweden is the correct or reasonable jurisdiction.

Reasonable jurisdiction may exist, for example, where the debtor lives, where the agreement was to be performed, where the damage happened, or where the agreement says disputes are to be heard. But this must be assessed in each specific case.

If the case has been brought in a completely random country without any real connection, you may run into problems. The interruption may then have no effect in Norway.

What does it mean that the decision is recognised in Norway?

It means that the foreign decision can have legal effect here. Norway does not recognise all foreign decisions automatically. It may depend on the law, agreements between countries, the type of case and whether the conditions for recognition are met.

If the decision is recognised in Norway, the rule is favourable. A new 10-year period then runs under § 21 no. 2. This means that a claim established abroad can get a new long period in Norway.

If the decision cannot be recognised in Norway, you do not get the same 10-year period. But § 23 still gives a limited 1-year effect from when the decision was made, to the extent the decision upholds the claim. This gives you time to take the necessary steps in Norway.

This is useful if you first tried the case abroad, but later need to do something in Norway to secure or collect the claim. You must then act quickly.

What if the case abroad is dismissed?

If the proceedings abroad do not lead to a settlement or decision on the merits, § 22 no. 1 applies correspondingly. This means that you usually have 1 year after the end of the case to take a new step, if the conditions are met.

This is the same thinking as in Norwegian cases. If you tried to pursue the claim in time, but the case was not decided on its substance, you get a limited opportunity to put it right. But only limited. You must not wait.

You also need to know when the case actually ended. In foreign cases it can be harder to understand documents, deadlines and procedure. Get an overview early. Translate important documents if necessary. Write down dates.

What if the debtor moves abroad?

Then § 23 can become important together with § 10 third paragraph. If the debtor has left Norway, and you can only interrupt limitation by taking steps abroad, § 10 can give an additional time limit in some situations. But if you actually take steps abroad, § 23 is the rule that says when this has effect in Norway.

You should not wait just because the debtor lives abroad. Many claims can still be pursued. But the procedure becomes more complicated. You must find the right country, the right body and the right deadline.

If the debtor has assets in Norway, Norwegian steps may still be relevant. If the debtor has moved out completely and no connection remains, steps abroad may be necessary.

The most important thing is not to miss the deadline while you are looking into things. Start early.

What happens if you make a mistake?

If you take the wrong step abroad, the Norwegian limitation period may run out. The claim may then be lost in Norway, even if you have spent time and money on the case.

If you get a foreign decision that cannot be recognised in Norway, you do not automatically get 10 years. You must then look at the 1-year rule in § 23 second paragraph and act quickly.

If you do not keep track of when the case abroad ends, the additional time limit under § 22 may run out on you. Cases abroad often involve more dates and documents. You must stay in control.

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First find out where the case can be brought. Does the debtor have a jurisdiction abroad? Is there an agreement on jurisdiction? Does the claim have a connection to the country?

Take a formal step before the Norwegian deadline runs out. Do not rely on letters demanding payment. Use a court or another body that can actually decide the dispute.

If you get a decision abroad, check whether it can be recognised in Norway. If not, set a 1-year deadline from the decision and consider Norwegian steps quickly.