There is an exclusive contract between the Swedish state and the postal company. There is also a contract that forbids the plate manufacturer from sending plates by any other means than post.
Transportstyrelsen does not agree that the current strike counts as a force majeure. This is (essentially) what the court case is about. Lower court agreed with you and allowed them to pick up plates themselves but the appeal court repelled that decision earlier today.
That's interesting, I wonder what their reasoning is, I thought strikes were included in the definition of force majeure in the law.
> There is an exclusive contract between the Swedish state and the postal company. There is also a contract that forbids the plate manufacturer from sending plates by any other means than post.
Isn't there a law that states the transport agency must provide lawfully registered plates? Usually laws trump contracts.
I think it’s obvious that Tesla will be allowed to get their plates sooner or later, and Transportstyrelsen does not seem to be of the view that they shouldn’t be. They are more concerned about the practicality and legality of letting them pick up the plates from the factory.
Tesla can't call force majeure on a contract it isn't party to. If the Swedish government wanted to break the strike, it can--trivially. There is simply zero political will to do so.
Yet Scandinavian workers seem to be able to join in on disputes they aren't party to.
Yes, there is a difference between association and a legal contract. (As well as not doing something versus forcing someone to.)
> If the Swedish government wanted to break the strike, it can--trivially. There is simply zero political will to do so.
That won't be breaking the strike if plates are allowed to be picked up. If the government does not want to follow Swedish law and their duties, then the courts should force it to do so.
I don’t know Swedish law. But this certainly isn’t the case in America.
My Visa card has a clause that the bank isn't liable if it stops working due to industrial action.
What contract is Tesla party to that they would invoke this on? OP suggested Transport Agency invoking force majeure, which makes sense.
> has a clause that the bank isn't liable if it stops working due to industrial action
Who is suggesting liability for Tesla?
There's also nothing in the law that states that plates have to be mailed and cannot be picked up, that's a operational decision by the Transport Agency. It's required by law to provide plates so it will be interesting to see how this turns out.
Is that a law or an exclusive contract between the government and PostNord, given after bidding and a tender process as they call it in Europe and Asian countries?
I think it's a contract, and contracts have exclusions in cases of forces majeures like strikes. Since the Transport Agency is required by law to provide plates for properly registered cars, I would think they would be required to let Tesla pick them up, or use a different carrier for Tesla plates.