It became a case of great principle importance as well as very concrete for the Fehmarn project, when 28 Russian crew members were acquitted of violating the Aliens Act in April this year. Now The Procedural Licensing Board has given the Attorney General permission to appeal the case to the Supreme Court. The Russian sailors worked on tugboats for FBC in the waters off Rødbyhavn.
Didn’t have a work permit
The case began when two Russian tugboats began working for the Fehmarn Belt Consortium. The tugs transported large barges with soil and material to and from the construction site for the Fehmarn tunnel in Danish waters. The crew members were prosecuted for carrying out work in Denmark without the necessary work permit.
Acquitted in the district court
Initially, the case landed in the District Court, which decided to acquit the Russian sailors. The district court’s decision was based on an interpretation of section 13, subsection of the Aliens Act. 1, which, according to the court, indicated that crew members on foreign ships calling at Danish ports are not required to have a work permit. The district court also mentioned that the towing of barges could not be considered “work on the maritime territory” according to the preliminaries to Section 23 of the Aliens Order.
The indictment adjusted – for a new acquittal
The Eastern High Court subsequently gave the prosecution permission to adjust the indictment. The majority in the high court also assessed that it is unclear whether the work should have been covered by a work permit, as the Aliens Act and the associated executive orders do not specify this sufficiently. This led to a new acquittal, but with a changed rationale.
On the way to the Supreme Court
After the High Court’s decision, there was tension about what the next step in the legal system would be. The tension was triggered when the Procesvillingsnævnet decided on 31 August to give the Attorney General permission to take the case to the Supreme Court. This opens the door to a potential final legal clarification on the issue of work permits for foreign seamen in Danish waters.
Important for the entire Fehmarn project
The case is of great importance to both the Fehmarn Belt Consortium (FBC) and the entire Fehmarn project, as it may have an impact on future contracts and working conditions. Until a final decision is in place, there is uncertainty about which rules exactly apply to foreign labor in connection with construction projects in Danish waters.
