The Danish Medicines Council publishes new guidelines for alternative contract models

In collaboration with Amgros and Lif, the Danish Medicines Council has prepared a new guideline describing how alternative contract models can be included in applications to the Danish Medicines Council.

Article  -  28.11.2023

Draft legislative bill will abolish feed-in tariff compensation for future offshore wind farms

The draft legislative bill, which is expected to enter into force on 1 July 2024, will abolish the price supplement that offshore wind developers can receive as compensation for payment of the feed-in-tariff. The compensation option is expected to be abolished with effect for future tendered offshore wind farms. 

Article  -  20.11.2023

New thresholds for contracts that are subject to a compulsory call for tender

The European Commission has published new thresholds for contracts that are subject to a compulsory call for tender. The thresholds apply to tenders published after 1 January 2024. Plesner has compiled print-friendly lists of the new thresholds which can be freely downloaded.

Article  -  17.11.2023

Obligation to keep records of employees' daily working time deferred until 1 July 2024

The bill on an obligation for employers to set up a system for keeping record of employees' daily working time was introduced in the Danish Parliament on 8 November 2023. It follows from the bill that the proposed obligation to keep records will come into force on 1 July 2024. The amendments were originally intended to come into force already on 1 January 2024. 

Article  -  13.11.2023

New practice on naming medicines

The Danish Medicines Agency has updated its practice on the naming of medicines.

Article  -  02.11.2023

Proposals for new Pharmaceutical Legislation

New proposals for amendments to the Medicines Act, the health Act and the Committee Act have been presented. 

Article  -  23.10.2023

New initiative from the Danish Government will ensure a quadrupling of solar and wind power on land

On 9 October 2023, the Danish Government presented an initiative that will make it easier to build energy parks on land and provide higher compensation to citizens and local communities living close to wind turbines and solar cells. The goal is green power equivalent to the consumption of more than 11 million households.

Article  -  12.10.2023

The European Court of Justice delivers a new judgement on wholesale distribution of medicines

The European Court of Justice has ruled on (i) the extent to which a wholesale distributor can acquire medicinal products from persons who are only authorised to supply medicinal products to consumers, (ii) the qualifications that the wholesalers staff must have, and (iii) the circumstances that must be taken into consideration when revoking a wholesalers distribution authorisation.

Article  -  29.09.2023

Is your business subject to the obligation to set up an internal whistleblower scheme?

Since 17 December 2021, employers in the private sector with 250 employees or more, among others, have been subject to the obligation to set up internal whistleblower schemes. 

With effect from 17 December 2023 it also becomes mandatory for employers in the private sector with 50 - 249 employees to make internal whistleblower schemes available to their employees which enable them to report breaches of special EU law rules as well as other serious breaches of the law or other serious matters.

Plesner advises clients on the obligations under the Danish Act on the protection of whistleblowers and on how to set up a scheme covered by these rules.

Article  -  13.09.2023

New notification obligation in connection with company transactions and participation in public procurement

On 12 July 2023, the regulation on foreign subsidies distorting competition in the internal market entered into force. The regulation provides the European Commission with a number of tools for addressing foreign subsidies that may distort competition in the internal market. Among other things, the regulation introduces an obligation to notify company transactions and undertakings' participation in public procurement to the European Commission when certain thresholds have been exceeded. Infringement of the notification obligation is subject to a fine and may entail fines of up to 10% of the undertaking's turnover in the precedin financial year.

Article  -  14.08.2023

New suggestions for improving clinical trials during public health emergencies

In June, the European Medicines Agency's Emergency Task Force (ETF) and the European Commission held a workshop on clinical trials in light of the experiences gathered from the COVID-19-pandemic and the recent outbreak of mpox. The workshop resulted in a number of suggestions to improve large-scale, multinational clinical trials within the EU during public health emergencies.

Article  -  08.08.2023

The European Commission has adopted new standards for sustainable reporting

On July 31, 2023, the European Commission adopted new standards for sustainable reporting, the European Sustainability Reporting Standards (ESRS). The standards must be applied by all companies that are subject to the Corporate Sustainability Reporting Directive (CSRD).

Article  -  03.08.2023

Help is at hand for manufacturers of medical devices: New “Manufacturer's Declaration” form

MedTech Europe has prepared a form (Manufacturer's Declaration”) that manufacturers can use in order to comply with the transitional provisions in the MD and IVD Regulations and also comply with the conditions that apply so that manufacturers can continue to place medical devices on the market.

Article  -  07.07.2023

Pharmacies to relieve other parts of the healthcare system to a greater extent

A government-appointed working group has identified a number of areas where the pharmacies' competencies can be further utilized. The working group's recommendations will help relieve the burden on other parts of the healthcare system, increase patient safety and improve accessibility.

Article  -  04.07.2023

EU's 11th sanctions package seeks to prevent the circumvention of sanctions

More than a month after the G7 meeting in Hiroshima, the EU has reached an agreement on the 11th sanctions package against Russia following the Russian invasion of Ukraine. The key focus in the novel sanctions package is the mitigation of diversion and circumvention risks.

Article  -  27.06.2023

New mining legislation in Greenland

A new extensive Act on Mineral Activities was adopted by the Greenland Parliament on 31 May 2023 - issues remain unclear regarding market needs and industry demands.

Article  -  16.06.2023

A new era - the Unitary Patent and the Unified Patent Court are now in force

The Unified Patent Court (UPC) and the Unitary Patent (UP) have finally become a reality.

Article  -  02.06.2023

Historic offshore wind agreement passed

On May 30, 2023, the Danish government and several parties in Danish Parliament agreed on the tender framework for the largest offshore wind expansion in Denmark's history. The agreement covers up to 9 GW of offshore wind, which can potentially be expanded to 14 GW or more.

Article  -  02.06.2023

The Danish Energy Agency has opened a Power-to-X tender of DKK 1.25 billion

On 19 April 2023, the Danish Energy Agency opened the Power-to-X tender, which offers support for companies' production of green hydrogen in Denmark. The deadline for submitting offers is 1 September 2023 at 12:00 (DK time).

Article  -  30.05.2023

Trademark rights in McDonald’s BIG MAC trademark partially upheld

The Board of Appeal (BoA) of the European Union Intellectual Property Office (EUIPO) has ruled that McDonald's BIG MAC trademark will not be revoked after all. The decision contains relevant points relating to evidence of the use of registered trademarks.

Article  -  25.05.2023

New classification mechanism for borderline products

With the new pharmaceutical legislative package, the EU Commission is proposing a new classification mechanism for borderline products. This new mechanism should help clarify whether a product under development should qualify as a drug, medical device, dietary supplement, cosmetic or another similar product.

Article  -  23.05.2023

ENLI makes several clarifications in the guidance to the Promotion Code

ENLI has made several changes and clarifications in its guidance to the Promotion Code. Plesner provides a brief overview of the changes here.

Article  -  16.05.2023

Bill submitted to amend the Danish Investment Screening Act

The Danish government has submitted a bill to amend the Danish Investment Screening Act. The bill entails that the authorisation scheme is extended to include parties to contracts concerning the establishment, joint ownership, and operations of the North Sea Energy Island. This is a significant restriction compared to the draft bill that was submitted for consultation in March, which proposed that any contracting party to public contracts concerning critical infrastructure would in future require prior authorisation from the Danish Business Authority. Conversely, the proposed 2-phased application process for the Danish Business Authority's case handling is maintained with a phase 1 of up to 45 days and a phase 2 of up to 125 days (totalling up to 170 days).

Article  -  10.05.2023

New pharmaceutical legislation focusing on access to medicine and sustainability

On 26 April 2023 the European Commission has put forth a proposal for a new Directive and new Regulation that will revise and replace the existing general pharmaceutical legislation.

Article  -  27.04.2023

Extension of price cap agreements on hospitals and pharmacy-restricted medicinal products

The Ministry of the Interior and Health of Denmark as well as the Danish Regions and the Danish Association of the Pharmaceutical Industry (LIF) have all agreed to extend the existing price cap agreements on medicinal products for hospitals and pharmacy medicine eligible for reimbursement.

Article  -  11.04.2023

From 22 June 2023, the Medical Device Regulation (MDR) will also apply to certain types of devices without a medical purpose

The rules of MDR will from 22 June 2023 apply to more types of products. The changes are implemented on the background of the EU Commission's Implementing Regulation of 2 December 2022 laying down common specifications for devices without a declared medical purpose which are covered by Annex XVI of the MDR.

Article  -  31.03.2023

News about counterfeited products - an end to the Anne Black case

On 23 March 2023, the Supreme Court brought an end to the case between Anne Black, Ronald and Salling Group about the counterfeited products imitating Anne Black's hanging flowerpot, vase and jar. The Supreme Court decision contains some interesting conclusions in relation to the award of the economic compensation in this type of cases.

Article  -  31.03.2023

Bill to regulate "buy now pay later" credits introduced in parliament

A new amendment bill to regulate "buy now pay later" credits has recently been introduced in Parliament. The bill is expected to enter into force on 1 July 2023.

Article  -  28.03.2023

New interesting decisions from ENLI

In connection with the publication of ENLI's newsletter on 20 March 2023, a number of interesting decisions have been published. These concern, among other things: The boundary between information material and advertising, clarification of new practice on statements on environmental and climate issues in relation to the concept of professionalism, invitations to training events should be addressed to management, distribution of donated equipment to patients and sponsorship of podcast.

Article  -  22.03.2023

Bill to amend the Danish Investment Screening Act

The Danish Business Authority has submitted a bill for consultation to amend the Danish Investment Screening Act. The bill entails, among other things, that all parties to public contracts concerning critical infrastructure must obtain prior authorisation from the Danish Business Authority. It also proposes a new process for the Danish Business Authority's case handling with a phase 1 of up to 45 days and a phase 2 of up to 125 days (totalling up to 170 days).

Article  -  20.03.2023

New draft legislative bill will provide a framework for increased integration of renewable energy

The draft legislative bill to amend the Electricity Supply Act and the Electricity Tax Act enables, among other things, the establishment of commercially owned direct lines, lifts the prohibition on geographically differentiated consumption tariffs and codifies the Danish Energy Agency's practice on internal electricity connections.

Article  -  14.03.2023

New judgment from the Court of Justice of the European Union on borderline products

In its decision of 2 March 2023, the Court of Justice of the European Union (“the CJEU”) has considered the borderlines between A) medicinal products and food for special medical purposes as well as B) food for special medical purposes and food supplements.

Article  -  09.03.2023

EU marks 1 year of war in Ukraine with 10th sanctions package

Over the weekend, the EU announced its 10th sanctions package against Russia as a response to the invasion of Ukraine. The timing of the 10th sanctions package coincides with the anniversary for Russian invasion of Ukraine.

Article  -  27.02.2023

The deadline for the certification of certain medical devices extended

Manufacturers of medical devices can now for a while breathe a sigh of relief. The European Parliament have finally adopted a proposal for extending the certification deadlines as stipulated in the Medical Device Regulation ("the MDR").

Article  -  20.02.2023

Easier for companies to submit their products for evaluation by the Danish Health Technology Council

Companies are no longer required to meet the cost neutrality requirement when submitting their medical devices and health technologies for evaluation by the Danish Health Technology Council.

Article  -  16.02.2023

Increased competition from biosimilar medicines

Biosimilars can now be introduced without an assessment from the Danish Medicines Council.

Article  -  13.02.2023

All applications for authorisations to run a clinical trial must as of 31 January 2023 be submitted via the EU CTIS

On 31 January 2023, it became compulsory to submit applications for new clinical trials through the CTIS EU portal, and this means that the 2022 Clinical Trials Regulation is now fully implemented.

Article  -  03.02.2023

Is your export control and sanctions compliance up to date?

The adoption of several comprehensive sanctions packages against Russia during 2022 has served as a stress-test for many European companies' compliance programs and illustrated that having sound written policies and processes in place can be crucial in ensuring the ability to take efficient decisions when trading internationally. If you haven't already, now is a good time to take experiences from the last year into consideration and fine tune your trade compliance setup.

Article  -  27.01.2023

New EU judgment on the classification of borderline products

Sometimes it can be very difficult to classify products. A new ruling from the European Court of Justice on 19 January 2023 has brought more clarity to this area.

Article  -  25.01.2023

The concept of advertising in relation to medicinal products does also cover "unspecified medicinal products"

In a judgment of 22 December 2022, the Court of Justice of the European Union (the CJEU) clarified the scope of the concept of advertising in relation to medicinal products. The CJEU confirmed that the concept of advertising is very broad and that information regarding unspecified products can also be covered by the advertising concept. Whether such information will be considered as advertising will depend on a specific assessment.

Article  -  13.01.2023

ENLI expands the concept of professionalism

Environmental and climate change presentations can be included in future professional events organised by pharmaceutical companies

Article  -  11.01.2023

EPO prepares for UPC start-up

The European Patent Office, EPO, has in the preparation for UPC made two new forms available on its website which enable, respectively, the possibility of submitting an early request for unitary effect and the possibility to request for a delay in issuing the decision to grant a European patent.

Article  -  22.12.2022

Fast track processing of draft legislative bills in the energy sector and news on producer payments at transmission level

This week, the Danish Parliament is fast track processing three draft legislative bills related to the energy sector in Denmark, which will take effect from 1 January 2023. We are also approaching a clarification on the new rules on producer payments at transmission level, as the Danish Utility Regulator expects to decide on the approval of Energinet's method for producer payments before Christmas.

Article  -  22.12.2022

EU paves the way for exits from Russia

European companies wishing to exit Russia have been met with legal headaches if their Russian subsidiary owns items subject to EU sanctions, as the sanctions also prohibit the indirect sale of such items for use in Russia. Today, the EU introduces an important exception to the EU sanctions which will aid EU companies in leaving the Russian market.

Article  -  16.12.2022

The pharmaceutical industry's use of digital media in advertising

The Danish Ethical Committee for the Pharmaceutical Industry (ENLI) has published a revised guidance on the use of digital media in advertising. The guidance includes general information about digital media and explains specific concepts and rules of jurisdiction governing the area. The guide also includes a reference guide, Q&A and a number of annexes. 

Article  -  01.12.2022

New Corporate Sustainability Reporting Directive (CSRD) adopted

On 28 November 2022, the Council of the European Union adopted the new - and long-awaited - Corporate Sustainability Reporting Directive (CSRD).

Article  -  29.11.2022

New regulation on fast-track permitting of renewable energy installations on the way

On 9 November 2022, the European Commission proposed a new emergency regulation aimed at speeding up the granting of permits for renewable energy installations.

Article  -  17.11.2022

Bill introducing a two-year rent increase cap passed

On 22 September 2022 the Danish Parliament passed an urgent bill introducing a two-year rent increase cap of 4% annually with respect to residential leases for which rent adjustment in accordance with the net price index has been agreed. At the same time, an executive order on the calculation of such increase in the reasonable and necessary expenses relating to the property was also passed. The Act will impact the real estate sector significantly in the coming years. 

Article  -  22.09.2022

New Russian presidential decree may halt the divestment of Russian limited liability companies (LLC's)

Many EU companies are currently analysing the possibilities of divesting their Russian activities following the war in Ukraine and the extensive sanctions against Russia. However, a novel Russian presidential decree may hinder such divestments and potentially "lock" EU and other foreign companies currently operating in Russia.

Article  -  12.09.2022

New bill to regulate "buy now pay later" credits

New consultation draft bill will result in "buy now pay later" credits - until now unregulated in Denmark - being subject to the same regulation as traditional consumer credit products from 1 January 2023.

Article  -  04.07.2022

Is your company ready for the new rules regarding earmarked parental leave?

The Act on Amendment of the Danish Rules regarding Maternity/Paternity/Parental Leave was adopted on 3 March 2022 and entered into force on 1 July 2022 and is applicable to children born or received by its adoptive parents on 2 August 2022 or later. The new rules introduce, inter alia, earmarked leave and an equal division of the right to maternity/paternity benefits after the birth of the child. The amendment implements the provisions of the EU Directive 2019/1158 on work-life balance for parents and carers. The amendments reflect the intention to create more equality between the parents' rights to leave of absence.

Article  -  27.06.2022

The European Commission’s revised rules for vertical agreements have entered into force

On 10 May 2022, the European Commission adopted the new Vertical Block Exemption Regulation and the new Vertical Guidelines, which entered into force on 1 June 2022. The main changes in the revised block exemption and the revised guidelines relate to dual distribution, parity obligations (MFN-clauses), dual pricing and various criteria for online and offline sales, modernisation of the rules on restrictions of online sales, increased flexibility related to the use of distribution systems and new guidelines on agency agreements, resale price maintenance and sustainability efficiency gains.

Article  -  14.06.2022

Amendments to the Danish Act on Public Procurement adopted

On 9 June 2022, the Danish Parliament passed an act to amend the Act on Public Procurement, the Act on the Danish Complaints Board for Public Contracts and the Act on Public Tenders. The Act entails amendments to the rules on exclusion from participation in procurement processes, including extension of the maximum period of exclusion, among others. The Act enters into force on 1 July 2022, with a few exceptions, and will be applicable to calls for tenders published after this date.

Article  -  13.06.2022

New rules on preventive restructuring - adopted on 9 June 2022

On 17 July 2022, new rules on preventive restructuring will come into force. The rules implement the Insolvency and Restructuring Directive and allow, for example, restructuring of business debtors who are not insolvent (yet) but are merely likely to become insolvent.

Article  -  10.06.2022

EU's sixth sanctions package has entered into force

Last week, after almost a month of negotiations, the EU member states finally reached an agreement on the sixth sanctions package against Russia. The new wave of sanctions entered into force over the weekend.

Article  -  07.06.2022

New guidelines for price marketing

The Danish Consumer Ombudsman has published revised guidelines on price marketing The new guidelines will enter into force on 28 May 2022.

Article  -  25.05.2022

Time-limit for submission of annual reports extended to six months

The bill on extension of the time-limit for submission of annual reports has been passed. The passing of the bill means that the time-limit for submission of annual reports for enterprises in reporting classes B and C is extended from five months to six months, and consequently the annual report for 2021 must be received by the Danish Business Authority no later than six months after the end of the financial year. 

Article  -  23.05.2022

New rules for consumer reviews

On 28 May 2022 new rules for consumer reviews will come into force. It will entail higher demands for transparency when traders use consumer reviews for marketing purposes.

Article  -  20.05.2022

EU's fifth sanctions package against Russia on its way

Following the revelations of the possible war crimes committed by the Russian troops in Bucha, Ukraine, the EU has taken measures to adopt its fifth sanctions package against Russia. The new sanctions package further tightens the economic leash around Russia. 

Article  -  08.04.2022

New directive on greenwashing in the pipeline

On 30 March 2022 the European Commission submitted a proposal for a new directive the purpose of which is to contribute to a more sustainable, clean and green economy, including by protecting consumers even more against greenwashing.

Article  -  06.04.2022

The new Danish Design Board

A number of Danish organisations have founded the Danish Design Board for the purpose of hearing disputes regarding the protection of the appearance of architecture, design and applied arts.

Article  -  30.03.2022

New Russian legislation on IP rights

The federal assembly in Russia has adopted new legislation permitting the restriction and potential expropriation of IP rights in Russia.

Article  -  15.03.2022

Russia threatens to nationalize foreign businesses in response to Western sanctions and boycotts

Following Western sanctions and voluntary boycotts of Russia, Russia has threatened to pass legislation allowing for the expropriation and nationalization of assets belonging to foreign companies shutting down their operations in Russia. Danish companies having ceased their activities in Russia should prepare themselves for this risk and may be able to seek compensation through international - and neutral - arbitration under international treaties on investment protection.

Article  -  15.03.2022

Danish employee inventor not entitled to additional compensation

The Danish Maritime and Commercial High Court has established that an employee was not entitled to additional compensation for an invention. The inventor was, however, not obligated to assign prototypes and drawings to the employer.

Article  -  08.03.2022

Further EU sanctions against Russia

Over the weekend, further EU sanctions against Russia went into force as a reaction to Russia's continued armed entry into Ukraine. This second wave of EU sanctions is noticeably broader than the first wave and calls for additional attention among EU companies with activities in or related to Russia.

Article  -  28.02.2022

New EU sanctions following Russian offensive

The EU is adopting new sanctions against the Russian Federation following its entry into the Donetsk People's Republic og Luhansk People's Republic in Ukraine. Plesner is monitoring the development closely.

Article  -  23.02.2022

Public consultation on the guidelines on the advertising of medicinal products

The Danish Medicines Agency has sent two new draft guidelines on the advertising of medicinal products for respectively humans and animals out for consultation with a deadline of 1 March 2022. The drafts contain specifications within several areas, including in relation to the use of SoMe and vaccination campaigns.

Article  -  16.02.2022

Medical device news

The European Commission’s extended transition period regarding in vitro diagnostic medical devices has come into force, and new guidelines have been issued regarding clinical evidence for in vitro diagnostic medical devices and regarding electronic instructions for use.

Article  -  14.02.2022

The allocation of risk in FIDIC (part II)

In continuation of the allocation of risk under FIDIC (part I) this article provides an introduction to the allocation of risk under FIDIC from a Danish perspective. 

Article  -  14.02.2022

Get your own Plesner Construction Hotline

Are you looking for answers to specific legal questions or for general legal feedback for your construction project? Now you can get help via your own Plesner Construction Hotline. A dedicated team of Plesner lawyers will familiarise themselves with your construction project and will then be ready to answer your questions. Any problems will be identified before they grow into conflicts, ensuring a smooth construction process.

Article  -  07.02.2022

Trade secrets exploited by competitor. Injunction granted, recall ordered and DKK 4 million awarded in damages

The Danish Court of Appeal has established that a Danish company had misused the trade secrets of a Finnish company. All versions of the Danish company's products (developed from 2016 to 2019) were illegal. Plesner represented the Finnish company.

Highlight  -  27.01.2022

The UPC provisional application phase has begun

Yesterday, 19 January 2022, the UPC provisional application phase ("PAP") came into force following Austria's ratification of the protocol on 18 January 2022 as the thirteenth Member State. 

Article  -  20.01.2022

Trade secrets misused - but the court refused to grant a preliminary injunction

On 4 January 2022, the Maritime and Commercial High Court ruled in another case regarding the misuse of trade secrets. The case concerned a former business partner's use of knowledge of and contact with customers.

Article  -  19.01.2022

First ruling on the EU Blocking Statute against US secondary sanctions

On 21 December 2021, the European Court of Justice delivered its first-ever judgment regarding the EU blocking statute against US secondary sanctions in case C-124/20, establishing that specific performance is an available remedy in cases of breaches of the EU blocking statute and providing important considerations for European companies who are considering terminating their contracts with Iranian business partners.

Article  -  23.12.2021

The European Commission's first annual report on the FDI screening mechanism

On 23 November 2021, the European Commission published its first annual report regarding the application of the EU Foreign Direct Investment (FDI) Regulation (the "FDI Regulation"). The report focuses, among other things, on EU Member States' implementation of national FDI screening mechanisms and the experience gained so far by the enforcement of such mechanisms. The report shows that during the past year many European Member States have introduced or initiated a process with a view to adopting a national FDI screening mechanism. It is relevant to be aware of this in M&S transaction processes where it will have to be assessed to a higher degree whether a transaction will require authorisation in one or more EU Member States.

Article  -  01.12.2021

New bill to amend the Danish Companies' Act, the Danish Financial Statements Act etc sent out for consultation

The bill will strengthen the requirements for target figures and policies for the under-represented gender, increase the possibility for foreign shareholders in Danish listed companies to exercise active ownership and allow easy access to set up branches in Denmark for foreign limited liability companies outside EU or EEA countries. 

Article  -  29.11.2021

News regarding the Danish Medicines Council - conditional recommendations to be used as of 2022

The board of the Danish Regions has decided that as of 1 January 2022, and for a limited period, the Danish Medicines Council can issue conditional recommendations regarding medicinal products.

Article  -  03.11.2021

Judgment against Danish influencer for hidden advertising - fine reduced significantly

The Court in Elsinore recently fined a Danish influencer with a large number of followers on both Instagram and their blog DKK 10,000 for seven instances of failure to comply with the prohibition against hidden advertising. The prosecution service had claimed a fine of DKK 50,000.

Article  -  29.10.2021

Extensive FDI regime introduced in the UK

On 4 January 2022, a new FDI regime will be introduced in the UK. The regime implies that in future a large number of transactions will require the prior approval of the Secretary of State. This applies, among other things, to transactions that do not involve a British entity, if such foreign entity - for instance in Denmark - is supplying goods or services in the UK (regardless of volume). Completion of a notifiable transaction without prior approval implies that the transaction automatically becomes void, and civil and criminal penalties may be imposed on the parties to the transaction. The regime also allows the Secretary of State to scrutinise certain other transactions for up to five years after completion. Although the regime does not come into force until 4 January 2022, the Secretary of State will be able to scrutinise completed transactions completed after 12 November 2020. 

Article  -  28.10.2021

Medical device news

The European Commission launches modules 2 and 3 of EUDAMED, and the Medical Device Coordination Group has published two new guidance documents.

Article  -  12.10.2021

General Court upholds European Commission's decision in important gun-jumping case (the Altice case)

On 22 September 2021, the General Court upheld the European Commission's decision of 24 April 2018 in the so-called Altice-case which resulted in a record fine of EUR 124.5 for infringement of the prohibition against pre-implementation of mergers. The decision includes important clarifications on the use of so-called pre-closing covenants and the exchange of commercial information with regard to this prohibition.

Article  -  05.10.2021

Webinar - Reassessing Redundancy in the Nordics

Employment Law Alliance (ELA) will be hosting a webinar on the legal rules covering redundancies in the Nordic area.

Article  -  23.09.2021

News from the Danish Medicines Council - reassessments must be made according to the QALY measure as of 1 June 2022

The Danish Medicines Council has just announced that come 1 June 2022, the Council will make reassessments according to the new assessment methods comprising the QALY measure. This will apply for all recommendations - regardless of when they were made.

Article  -  13.09.2021

New Danish investment screening rules have now entered into force

The new Danish Act on screening of certain foreign direct investments, etc. in Denmark will apply to relevant investments and agreements that are completed from 1 September 2021. A large number of investments in and agreements with Danish companies will going forward require prior authorisation. A lack of authorisation entails a risk that an investment will be ordered to be divested, or that an agreement will be declared null and void.

Article  -  01.09.2021

The European Commission's draft revised rules applicable to vertical agreements have been published

On 9 July 2021, the European Commission launched a public consultation inviting interested parties to comment on a draft revised Vertical Block Exemption Regulation and Vertical Guidelines. The most important changes relate to dual distribution, Most Favoured Nation clauses ("MFNs"), dual pricing, modernisation of the rules restricting online sales and flexibility in relation to the operation of distribution systems.  

Article  -  23.08.2021

The Unified Patent Court (UPC) expected to start around 1 January 2023

The UPC train is back on track, and with the new German ruling rejecting to put the ratification on hold, we are one step closer to joint enforcement and invalidation of European patents in all UPC Contracting Member States in one trial.

Article  -  12.07.2021

Danish Consumer Ombudsman publishes guidance on consent to marketing

The Danish Consumer Ombudsman recently published a revised version of the guidance from 2016 on use of competitions etc when procuring consumers' consent to marketing.

Article  -  09.07.2021

New Danish rules on investment screening enter into force

On 1 July 2021, the new Danish Act on screening of certain foreign direct investments, etc in Denmark enters into force. Several fundamental aspects of the new rules are specified in two ministerial orders that also enter into force on 1 July 2021. The Danish Business Authority has also published forms and guidance to be used when applying for authorisation for and notifying relevant investments and agreements from 1 July 2021. In the following, Plesner provides an overview of the consequences of the new rules.

Article  -  01.07.2021

CJEU: Obligation to indicate maximum purchase under framework agreement

The Court of Justice of the European Union (the "CJEU") established in a landmark ruling of 17 June 2021 that a contracting entity inviting tenders for a framework agreement is obliged to indicate the maximum quantity or value of the supplies or services that may become the subject of subsequent contracts. The contracting entity is bound by the quantity or value indicated, and the framework agreement will no longer have any effect when the quantity or value indicated is reached.

Article  -  24.06.2021

New executive orders and guidelines on medical devices

On 26 May 2021, Regulation (EU) 2017/745 on medical devices entered into force. Consequently, the authorities have updated a number of Danish executive orders and guidelines and have also issued several new sets of rules in this field.

Article  -  08.06.2021

New rules on HCP relationships and economic support to HCPs come into force on 26 May 2021

The amendments to the rules on HCP relationships with companies and economic support to HCPs come into force on 26 May 2021. Among other things, the amended rules concern the group of comprised companies, the obligation to report economic support, and the obligation to make notifications or seek permission regarding HCP relationships.

Article  -  25.05.2021

The new regulation on medical devices has now entered into force - what does that entail?

The new regulation (EU) 2017/745 on medical devices came into force on 26 May 2021 repealing the former directives in the field. With the new regulation, operators within the medical devices industry face more stringent obligations. In the following, we describe what these operators will have to pay attention to. 

Article  -  25.05.2021

New dual-use regulation

The European Council has recently adopted a new dual-use regulation. The new dual-use regulation is a reworking of the present dual-use regulation and aims, among other things, at updating European export control in a number of areas. The regulation applies in all EU Member States and is expected to enter into force in 2021. In this Insight, Plesner's export control specialists seek to provide an overview of the material changes that follow from the new dual-use regulation.

Article  -  12.05.2021

The European Commission’s new proposal for an AI Regulation

On 21 April 2021, the EU Commission presented the long-awaited proposal for a directive to regulate artificial intelligence (AI Regulation). The proposal is based on a number of recommendations etc. from the European Commission and its aim is not least to safeguard the citizens' trust in AI systems. The AI Regulation is the first targeted legal regulation of artificial intelligence and it will have a significant impact in Europe and the rest of the world when it comes to the development and use of artificial intelligence. The AI Regulation will apply parallel to the GDPR which requires full compliance, f. i. when using personal data to train algorithms or when using AI systems for automatic decisions with legal consequences for the data subjects. There are also concurrent plans to update the safety requirements for machinery in relation to AI by a new regulation (the Machinery Regulation) to replace the existing Machinery Directive. There is no set schedule for the EU Parliament and the EU Council's reading and the subsequent trilogue negotiations, however, a lengthy and thorough process is to be expected. This Plesner Insight will give you an overview of the proposed AI Regulation as well as a look into a number of particularly interesting aspects of the proposal.

Article  -  05.05.2021

Are you considering expanding your retail brand internationally?

A retail brand (franchisor) may consider several franchise development models for its international expansion.

Article  -  29.04.2021

The UK adopts new Anti-Corruption Sanctions Regulations 2021

On 26 April 2021, the UK launched a new sanctions regime targeting persons involved in serious corruption and authorising the UK Secretary of State to designate persons by name who will be subject to financial sanctions such as asset freeze. The sanctions regime constitutes a new important compliance undertaking for firms with a connection to the UK. 

Article  -  28.04.2021

Potential subsidiary liability for infringement of competition law

Advocate General at the Court of Justice of the European Union proposes that, under certain circumstances, it should be possible to find subsidiaries liable for infringement of competition rules committed by their parent companies. If the Court follows the proposal, it will mean that companies may become liable to pay fines and to pay compensation for infringements of both EU competition rules and Danish competition rules without having had any knowledge of such infringements. It means that the subsidiaries can potentially be used as a so-called “anchor” in actions for compensation. 

Article  -  26.04.2021

Developing or expanding your retail business in Saudi Arabia

Over the most recent years, a large number of international brands have expanded their retail business into Saudi Arabia, and various franchising models such as for example the master franchising model, the direct unit franchising model and the area development/multi-unit operator model have been used. 

Article  -  23.04.2021

New guidance on referral of concentrations

On 26 March 2021, the European Commission published new guidance on national competition authorities’ referral of concentrations for examination by the Commission. The guidance provides for a possibility of referring certain types of concentrations to examination by the European Commission even if neither the thresholds for EU merger control nor national thresholds for merger control are met.

Article  -  23.04.2021

Future Danish rules on FDI screening

On 10 March 2021, the Danish Government introduced a bill for a new act on screening of certain foreign direct investments, etc. in Denmark. Going forward, a wide range of investments in and agreements with Danish companies made by both foreign companies and citizens as well as foreign-controlled Danish companies will require prior authorisation. Other investments, etc. may, for up to five years from their implementation, be investigated by the authorities, and may potentially be ordered to be divested. The new regime will apply to investments, etc. completed on 1 September 2021 or later.

Article  -  21.04.2021

Nasdaq re-introduces rules on listing of SPACs on Nasdaq Copenhagen

From 12 April 2021 so-called "special purpose acquisition companies" or "SPACs" can once again be listed on Nasdaq Copenhagen with the re-introduction of the admission rules on SPACs. The new rules contain the requirements, processes and obligations for listings of SPACs and for the continued listing of the subsequent combined business following the business combination of the SPAC and one or more target company(ies). 

Article  -  12.04.2021

Major amendments to Danish restructuring rules

On 23 March 2021, the Danish Parliament unanimously passed amendments to the rules on restructuring proceedings and some, but not all, of the rules have now entered into force.

One of the reasons for the amendment of the rules is the fact that many Danish undertakings are currently having financial difficulties due to the COVID-19 pandemic. The amended rules are intended to make it easier to continue operating viable companies that are currently facing financial challenges.

Article  -  12.04.2021

New VAT rules in connection with distance sale of goods to consumers

On 1 July 2021 new rules enter into force which will affect the VAT treatment of goods and services sold to consumers in the EU. The rules are intended to modernise and facilitate the VAT treatment with respect to e-commerce with consumers in the EU. 

Article  -  06.04.2021

New Rules at the Danish Institute of Arbitration per 1 April 2021

Digitalization, more procedural intervention by the Institute and the arbitral tribunal and a duty of disclosure for the parties. The revised rules contain several novelties reflecting recent trends in international arbitration and new requirements for flexibility in the wake of the Covid19-pandemic. In the following, we have summarized the most significant changes that users of the Institute's services should be aware of. 

Article  -  23.03.2021

New rules on HCP relationships with companies and economic support to HCPs

When adopting a new act on the scientific ethical processing of clinical testing of medical devices, the Danish Parliament has made a number of changes to the rules on pharmaceutical and medico companies' relationships with and economic support to HCPs. The amendments will come into force on 26 May 2021. The companies in question should be aware of the changes, including the ones mentioned below, as these changes entail an extension of the group of companies comprised and an amendment to the obligation to make notifications or seek permission. 

Article  -  12.03.2021

Mind the gap! - Following Brexit Danish companies should consider including an arbitration- or choice-of-court agreement

As the UK's withdrawal from the EU became effective on 1 January 2021, the UK is no longer covered by the Brussels I Regulation which governs recognition and enforcement of judgments in civil and commercial matters within the EU. The UK's attempt to bridge this gap by acceding to the Lugano Convention has been blocked by the EU for the time being. This will undoubtedly affect the legal position of Danish companies dealing with British companies. 

Article  -  05.03.2021

The Minister for Health has activated the Danish drug preparedness programme

The Danish drug preparedness programme has been partially activated effective until 30 June 2021 due to the present Covid-19 pandemic.

The drug preparedness programme was activated so that measures can be taken to ensure the supply of vital medicines.

Article  -  05.03.2021

ENLI publishes Nordic Q&A on the rules on advertising aimed at healthcare professionals

Together with the other Nordic countries, ENLI has prepared a Nordic Q&A on the rules on advertising aimed at healthcare professionals. The published Q&A provides answers to specific questions on these rules and supplements the Nordic Compliance Overview. Its purpose being to compare rules and practices in this area in Scandinavia and to make Nordic compliance easier for pharmaceutical companies.

Article  -  17.02.2021

The Danish Medicines Council publishes new principles regarding the use of unpublished data

The Danish Medicines Council has published a document on the principles for when and how the Council can use unpublished and potentially confidential data in its work. This comes as a result of the Danish Regions' decision in November 2019 to allow the Danish Medicines Council to include unpublished data in its assessments.

Article  -  11.02.2021

Extensive amendments to the Danish Competition Act passed

The Danish Parliament has now passed a number of extensive and radical amendments to the Danish Competition Act which will enter into force on 4 March 2021. Among other things, the amendments include civil fines for companies, fines for simple negligent infringements, parent company liability, vicarious liability for members of trade organisations, a possibility of bringing decisions directly before the courts without involving the Danish Competition Appeals Committee, a possibility of imposing structural remedies and a possibility of carrying out inspections or searches in private homes.

Article  -  09.02.2021

Plesner launches search manual for the guidance of companies in case of investigations by officials

Plesner advises companies on how to deal with announced as well as unannounced visits by the State Prosecutor for Serious Economic and International Crime (SØIK)/the police. Accordingly, we have prepared a search manual including guidance as to how undertakings should act before, during and after a search/seizure. The manual addresses searches carried out by SØIK/the police in matters in relation to infringements of special commercial legislation, including the Danish Anti-Money Laundering Act , the Danish Capital Markets Act/MAR, tax laws, etc as well as matters in relation to criminal offences such as bribery, fraud, criminal breach of trust, etc.

Article  -  08.02.2021

New court fees

It will be easier to apply and understand new Danish rules on court fees.

Article  -  02.02.2021

Contract regulation determined carrier’s liability for stolen goods

In a recent judgment, the Danish Maritime and Commercial High Court emphasises the importance of regulating liability in contracts of carriage. The judgment concerns international carriage of LEGO by road. The goods carried were lost the night before the agreed time of delivery. The carrier's conduct in connection with the loss was directly defined as grossly negligent in the framework agreement concluded by the parties, and the carrier was therefore ordered to pay damages.

Article  -  29.01.2021

Preliminary injunction requests and “the acquiescence clock”

A recent ruling by the Maritime and Commercial High Court serves as a reminder that the rightsholder has to realize that the acquiescence clock is ticking in preliminary injunction cases.

Article  -  22.01.2021

New rules apply to group 1 insurance companies’ outsourcing to cloud service providers as of 1 January 2021

The Danish Financial Supervisory Authority (FSA) has announced that from 1 January 2021 the Danish rules on outsourcing will be enforced in accordance with EIPOA's guidelines on outsourcing to cloud service providers. Accordingly, a new outsourcing regulation concerning outsourcing of cloud services will not be introduced.

Article  -  22.01.2021

Clinical trials - a new dialogue forum

Together with Trial Nation, the Danish Medicines Agency has set up a new dialogue forum focusing on digital developments and the decentralisation of clinical trials regarding medical products.

Article  -  21.01.2021

Virtual audits for the certification of medical devices to be allowed temporarily

The European Commission has issued a statement opening up for virtual audits for the certification of medical devices on an extraordinary basis and subject to individual assessments.

Article  -  13.01.2021

5 recent decisions from ENLI about violations of the Promotion Code

The Ethical Committee for the Pharmaceutical Industry (ENLI) has just published a series of cases in which ENLI’s Promotion Code was found to have been violated.

Article  -  05.01.2021

Extensive amendments to the Danish Competition Act

On 9 December 2020, the Danish Ministry of Industry, Business and Financial Affairs introduced a bill to amend the Danish Competition Act. Implementing the so-called ECN+ Directive, the bill includes several extensive and major amendments to the Danish Competition Act, among these an introduction of civil fines for companies, fines for simple negligent infringements, parent company liability, vicarious liability for members of trade organisations and a possibility of imposing structural remedies and carrying out inspections or searches in private homes. The bill includes a number of amendments compared to the draft sent out for consultation earlier this year.

Article  -  28.12.2020

Cannabis update

New decision from the Court of Justice of the European Union and publication of report on the assessment of the medicinal cannabis pilot programme.

Article  -  09.12.2020

The Danish Committee on Corporate Governance has published updated Recommendations for Corporate Governance

On 2 December 2020, the Danish Committee on Corporate Governance published updated Recommendations on Corporate Governance (the “Recommendations”) which will enter into force as of the financial year starting on 1 January 2021 or thereafter. The present Recommendations from 2017 are updated based on new legislation, the most recent development of best practice in terms of transparency concerning management’s remuneration, evaluation of the board of directors and recent trends and developments in society in terms of, for instance, long-term value creation, sustainability, social responsibility and diversity.

Article  -  07.12.2020

Article on the employers’ right and obligation to record working time

In its judgment in the so-called Deutsche Bank case, the Court of Justice of the European Union held that employers are under an obligation to monitor their own compliance with the provisions of the Working Time Directive on periods of rest and a limitation of the maximum weekly working time to 48 hours. In the article, Assistant Attorney Louis Wolf Kristensen discusses the potential importance of the Deutsche Bank case to Danish law and Danish employers, including the legal requirements which apply to the recording of working time.

Article  -  04.12.2020

Bill on tax-exempt transfer of enterprises to commercial foundations passed

On 3 December 2020, the Danish Parliament passed the bill that is to implement the working group’s model for succession when commercial enterprises are transferred to commercial foundations.

Article  -  04.12.2020

Updated guidelines on remuneration policies and remuneration reports for listed companies

In cooperation with the Committee on Corporate Governance in Denmark, the Danish Business Authority has prepared version 2.0 of the guidelines on the requirements of the Danish Companies Act for remuneration policies and remuneration reports for listed companies published on 27 November 2019. The updated guidelines were published on 27 November 2020 and specify a number of issues, in particular in relation to the requirements for the remuneration report.

Article  -  01.12.2020

New Act allows the Danish Business Authority to carry out unannounced inspections without a court order

The act amending the Danish Enabling Act, which has just been passed, allows the Danish Business Authority to carry out unannounced and announced inspections at the premises of all exporting businesses without a court order and to request all information relating to the Business Authority's control and monitoring responsibilities with respect to dual-use export control and trade sanctions.

Article  -  27.11.2020

QALY is approved and will apply from 1 January 2021

Back in May 2020, the final implementation of the Danish Medicines Council's portended assessment model, QALY, was postponed to 1 January 2021, due to the COVID-19 situation. The Board of the Danish Regions has now approved the model.

Article  -  23.11.2020

The Treatment Council's method and process scopes have gone out for public consultation

The public consultation period regarding the method and process scopes of the new Treatment Council ends on 18 December 2020.  

Article  -  20.11.2020

The Danish medicines agency opens new data analytics centre

On 16 November 2020, the Danish Medicines Agency (DMA) opened a new data analytics centre (DAC). The centre will translate information and data on medicines and medical devices into knowledge that will benefit the general public and ensure better and safer medicines and medical devices.

Article  -  18.11.2020

New judgment by the Court of Justice of the European Union on access to documents in the possession of the EMA

In the appeals case C-576/19 P, the appellants' submission that access to documents should be set aside as the disclosure would be undermining the protection of court proceedings was dismissed.

Article  -  16.11.2020

Crypto-assets, Blockchain infrastructure and Crowdfunding regulation - big steps in the EU digital finance transformation

With a combination of finalisation of existing legislative proposals and publication of new ones, the EU has over the past month made significant advances in the regulation of 21^st century financial services in areas as diverse as crypto-assets, market infrastructures and crowdfunding. In three new Insights, Plesner's market-leading Fintech specialists analyse the new and proposed rules that will shape important parts of the EU financial regulatory framework for digital finance for years to come.

Article  -  26.10.2020

Draft regulation on markets in crypto-assets: end of the crypto-asset "pump and dump" and Ponzi-schemes?

The EU Commission has recently published a proposal for a new regulation proposing a "MiFID light"-style regime regulating both issuers and service providers of crypto-assets. If adopted in its present form, the regulation will usher in radical changes in the legal framework surrounding the EU crypto market.

Article  -  25.10.2020

European crowdfunding platforms - new opportunities for alternative financing for start-ups and SMEs

On 20 October 2020 the new EU regulation on crowdfunding for businesses was published. The regulation will enter into force on 10 November 2021 and will, within its scope, radically transform the European crowdfunding space presenting both new challenges - e.g. authorisation requirements, investor protection rules and regulation of internal governance - and opportunities such as cross-border passporting regime and exemptions from MiFID rules for equity crowdfunding.

Article  -  25.10.2020

Pilot regime on DLT market infrastructure

With a recent legislative package, the EU Commission proposes to establish a pilot regime for distributed ledger technology (DLT) market infrastructures for financial instruments. Under the pilot regime, traditional MTF operators and CSDs will be permitted to operate DLT-based trading facilities and settlement systems at small scale and, for MTFs, with direct un-intermediated investor participation.

Article  -  25.10.2020

The allocation of risk in FIDIC (part I)

An introduction to the allocation of risk under FIDIC from a Danish perspective.

Article  -  04.10.2020

Claim system under FIDIC

An introduction to the claim system under FIDIC from a Danish perspective.

Article  -  02.10.2020

FIDIC 2017 - dispute resolution procedure

An overall explanation of the procedures and mechanism for dispute resolution under FIDIC from a Danish perspective.

Article  -  01.10.2020

No basis for setting aside evaluation model

In a recent decision, the Danish Public Contracts Appeals Board established that the evaluation model defined by the contracting entity with respect to the sub-criterion "Price" was not unfit to identify the most economically advantageous tender, even if one of the tenders received was not within the scope of the model. The Appeals Board further accepted that the contracting entity had awarded the tenderer in question -4.1 points although points could be awarded on a scale of 0-10 according to the tender specifications. 

Article  -  12.08.2020

Latest news on Life Science

The holidays are over - what happened on the life science law front while I was away?

Article  -  07.08.2020

The Schrems II judgment - a new reality for transfers to third countries

On 16 July 2020, the Court of Justice of the European Union (the "CJEU") delivered its judgment in the Schrems II case concerning the transfer of personal data from the European Union to the United States.

The CJEU finds that the Privacy Shield is invalid. It will therefore immediately cease being used as basis for transfers from the European Union to the United States. 

Further, the CJEU finds that the European Commission's standard contractual clauses ("SCCs") can still generally be used as transfer basis in connection with transfers from EU member states to third countries. However, the data exporter must ensure - for each transfer - that the protection obtained is "essentially equivalent" to the level of protection in the European Union. For instance, national legislation in the importing country must not impose obligations on the data importer, eg with respect to disclosure of information to the authorities in the importing country which goes beyond what is considered an objective, necessary and proportional intervention in rights etc according to a European standard, and in the importing country "effective judicial remedies" must be available to persons whose personal data are being processed by the authorities.

Article  -  17.07.2020

The Danish Public Contracts Appeals Board - Contracting entity did not reduce the previous supplier's competitive advantage as far as possible

In its decision of 6 May 2020, the Danish Public Contracts Appeals Board found that a contracting entity did not reduce the previous supplier's competitive advantage as far as possible, as the contracting entity had refused, with reference to the personal data rules, to disclose relevant address details which were in the possession of the previous supplier. According to the Appeals Board, the contracting entity would, in compliance with the personal data rules, have been able to reduce the previous supplier's competitive advantage in a simple and reasonable manner and without providing the specific addresses. 

Article  -  09.07.2020

Disclosure of confidential information in competition cases

The Danish Maritime and Commercial Court recently delivered judgment in a case concerning the question as to whether the Danish Competition and Consumer Authority is entitled to publish certain confidential information in a decision in a competition case. The judgment provides guidance as to whether and under which conditions various types of confidential information, including trade secrets and business secrets, may be disclosed in decisions in competition cases. The judgment is also relevant in terms of the issue of disclosure of confidential information in market research from the Danish Competition and Consumer Authority and in decisions concerning enforcement of the P2B Regulation and P2B-related market research.

Article  -  29.06.2020

The General Court annuls prohibition of 4-to-3 merger

By a ruling of 28 May 2020, the General Court, the lower court of the Court of Justice of the European Union, annulled the European Commission's decision to prohibit a 4-to-3 merger between two mobile network operators. The ruling specifies the conditions under which a merger may be prohibited even if it does not result in the creation or strengthening of a dominant position, including due to "non-coordinated effects". 

Article  -  19.06.2020

Bridging the COVID-19 Liquidity Gap: New Political Agreement regarding Danish State Guarantee Schemes

On 15 June 2020, a political agreement was reached between the Danish Government and a number of Danish political parties regarding gradual phase-out of certain existing COVID-19 aid packages which are to be replaced with a comprehensive economic recovery package designed to boost the Danish economy following the outbreak of COVID-19.

Article  -  16.06.2020

The Danish Supreme Court issues new landmark decision on copyright protection of clothing

The Danish Supreme Court has delivered judgment in a case concerning Danish designer Ilse Jacobsen's RUB 1 rubber boot. This is the first time the Supreme Court has been in a position to consider the question of copyright in clothing since the Court of Justice of the European Union's ruling in the so-called Cofemel case.

Article  -  11.06.2020

New e-book about the requirements for CE-certification under the IVDR

MedTech Europe has published a new e-book about the clinical evidence requirements that must be fulfilled to obtain CE certification under the In Vitro Diagnostic Medical Regulation (2017/746) ("IVDR"). The e-book is designed to help manufacturers to better understand and comply with the requirements set out in the IVDR.

Article  -  10.06.2020

Contractor's waiver of minimum requirement contrary to the procurement rules

The Danish Complaints Board for Public Procurement established in a decision of 19 May 2020 that the contracting entity's waiver of a minimum requirement following the award of a framework agreement constituted a substantial modification contrary to the public procurement rules. As a consequence, the Complaints Board declared the modified framework agreements ineffective and at the same time imposed a financial penalty of DKK 3m on the contracting entity. 

Article  -  29.05.2020

Article on service of documents and interim remedies

Use of interim remedies is particularly relevant to the enforcement of intellectual property rights. In a recently published article in the Danish weekly law reports (Ugeskrift for Retsvæsen), Attorney Peter Nørgaard describes various issues that may arise in connection with service of documents and use of interim remedies.

Article  -  20.05.2020

Coronavirus: new corona agency and joint European regulatory guidance for marketing authorisation holders during the COVID-19 pandemic

The Government is establishing a new corona agency to ensure the availability personal protective equipment and increased test capacity.

Article  -  18.05.2020

News from the Life Science sector - ENLI updates guides and QALY is postponed

ENLI's new guide - ENLI (the Ethical Committee for the Pharmaceutical Industry) has decided to allow the use of patients as speakers for a trial period of one year starting on 1 June 2020. Further, ENLI has updated its guides regarding financial support and pre-launch.

Article  -  15.05.2020

Coronavirus - temporary salary compensation scheme for private companies is extended and adjusted

The Danish government and the two sides of industry have agreed to extend the three-partite agreement on temporary salary compensation until 8 July 2020. Moreover, the government and the parliamentary parties have agreed to adjust the other stimulus packages and add new initiatives.

Article  -  20.04.2020

Ørsted is acquitted in historic damages case

By judgment of 31 March 2020, the Danish Maritime and Commercial High Court acquitted Ørsted of a damages claim of DKK 4.4 billion plus interest for allegedly charging excessive electricity prices. The court found that the earlier judgment of the High Court of Western Denmark, which set aside the administrative decisions that formed the basis for the damages case, also had legal force in relation to the plaintiffs in the damages case. Furthermore, the court found that the plaintiffs were precluded from basing their damages claims on other arguments than those included in the High Court case. Plesner represented Ørsted in the case before the High Court of Western Denmark and has also assisted Ørsted in the damages case before the Danish Maritime and Commercial High Court.

Article  -  03.04.2020

German court declares act ratifying the UPC agreement void

This Friday, the German Federal Constitutional Court, "Bundesverfassungsgericht" ("BVerfG") declared the German ratification of the agreement on the Unified Patent Court (UPC) unconstitutional. It means that for the present time Germany's ratification of the agreement has been postponed for an indefinite period. As Germany's ratification is necessary for the UPC agreement to enter into force, the entering into force of the system has also been postponed for an indefinite period.

Article  -  20.03.2020

The European Commission approves Danish COVID-19 compensation scheme

On 12 March 2020, the Danish Parliament Finance Committee passed, as part of the Danish government's COVID-19 economic stimulus programme, a scheme aimed at granting compensation for cancellation or postponement of large events. On the same day, the European Commission approved the scheme as legal state aid.

Article  -  13.03.2020

The UK does not want to join the Unified Patent Court anyway

The UK has announced that it does not wish to participate in the Unified Patent Court (UPC) This will solve a number of problems but will at the same time create new ones.

Article  -  02.03.2020

EU Court of Justice gives an opinion on trademark applications submitted in bad faith

In its judgment in case no C-371-/18, Sky v SkyKick of 29 January 2020, the European Court of Justice considered several trademark related questions of general public importance for trademark applications that were filed without the intention to use the trademark and lack of clarity in the specification of goods and services.

Article  -  19.02.2020

The first pan-Scandinavian tender for delivery of medicinal products has been completed

In co-operation with its Norwegian counterpart, Amgros has now completed the first pan-Scandinavian tender for the delivery of medicinal products.

Article  -  13.02.2020

The European Court of Justice dismisses general presumption of confidentiality for clinical and toxicological study reports

In the parallel cases C-175/18, PTC v EMA, and C-178/18, MSD v EMA, the European Court of Justice has considered the general question whether there is a general presumption of confidentiality for clinical and toxicological study reports submitted to the European Medicines Agency as part of an application for a marketing authorisation.

Article  -  31.01.2020

The Danish Regions propose to establish a Treatment Council

The Danish Regions have proposed a new model for establishing a so-called Treatment Council which is to assess whether the price of treatments and health technology measure up to the effect for the patients. The model will now go out for consultation.

Article  -  18.12.2019

Revision of the ENLI's Codes of Conduct

ENLI has made amendments to its codes of conduct as a consequence of EFPIA's consolidation of its three codices (the EFPIA HCP Code, the EFPIA PO Code and the EFPIA Disclosure Code).

Article  -  18.12.2019

New assessment method for medicines and the use of non-published data in the Danish Medicines Council

The Danish Regions have decided that as of October 2020, the Danish Medicines Council is to use the QALY measure for assessment of new medicinal products, and that with immediate effect the Danish Medicines Council will be able to include non-published data in its assessment of the medicines' effect.

Article  -  28.11.2019

New guidelines on remuneration policy and remuneration reports for listed companies

On 27 November 2019 the Danish Business Authority issued guidelines on the requirements of the Danish Companies Act with respect to remuneration policy and remuneration reports of listed companies. The guidelines concerns the new rules in section 139a and 139b of the Danish Companies Act on listed companies' preparation of a remuneration policy and remuneration reports that were introduced earlier this year.

Article  -  27.11.2019

New international guide to sanctions

"International Comparative Legal Guide to: Sanctions 2020" has been published. Plesner has contributed the Danish chapter in the new guide providing an overview of the implementation of sanctions in 22 different countries.

Article  -  06.11.2019

The EUDAMED database is delayed by two years

The European Commission has announced that the new pan-European database, EUDAMED, will be delayed by two years.

Article  -  01.11.2019

The Danish Regions and Lif have concluded the final agreement on supplementary training of healthcare professionals

The Central Denmark Region and Lif have entered into a new agreement, which means that all of Den-mark's five regions have now entered into agreements with Lif stipulating the principles on the supple-mentary training and skill-raising of healthcare professionals at the regions' hospitals.

Article  -  02.09.2019

The Danish Medicines Council to use new assessment method for medicines and the use of non-published data will be allowed

Following a board meeting yesterday, the Danish Regions plan to change of the way the Danish Medicines Council assesses medicines and to allow the use of non-published data in the medicine assessments. The changes will not be implemented until the relevant interested parties have had opportunity to comment on them. 

Article  -  30.08.2019

The Danish Medicines Agency launches new quick-guide on HCP relationships with companies

The Danish Medicines Agency has prepared a new digital quick-guide with the aim of helping HCPs navigate and comply with the rules on relationships with companies.

Article  -  16.08.2019

The Unified Patent Court - status

A new announcement from the German government raises further doubts as to when the Unified Patent Court (UPC) may enter into force. The German government believes that the uncertainty about the legal consequences of Brexit and the implications to a European patent reform should be examined more closely. The UPC is now expected to enter into force during 2020 at the earliest.

Article  -  16.08.2019

New best practice guidelines for the use of supervised machine learning

On 10 July 2019, the Danish Financial Supervisory Authority (the "FSA") published new guidelines on the use of supervised machine learning. The guidelines were published because of; inter alios, the FSA's experience with machine learning technology in the FT Lab, the FSA's "regulatory sandbox".

Article  -  29.07.2019

Supplier of building elements including MgO boards has unlimited liability

A supplier of building elements including MgO boards was found to have unlimited liability under the Danish Sale of Goods Act for all replacement expenses incurred by the employer and the principal contractor, a claim that amounted to approximately ten times the sales price. Quick attention is required in respect of successive statue-barring of such claims and in respect of any express acceptance of standard terms and conditions by suppliers.

Article  -  19.07.2019

Doctors' relations with stores specialized in the sale of medical devices to be made public

The Danish executive order on healthcare professionals' relationships with pharmaceutical and medical device companies and stores specialized in the sale of medical devices has been amended through a new executive order, according to which doctors shall make public their relationship with stores specialized in the sale of medical devices. The rules came into force on 10 July 2019.

Article  -  10.07.2019

Amendment of the SPC-regulation regarding "export manufacturing waiver" has entered into force

The awaited amendment of the SPC Regulation regarding "export manufacturing waiver" has entered into force with effect from 1 July this year.

Article  -  03.07.2019

Damages awarded to unsuccessful tenderer

In a decision by the Danish Complaints Board for Public Procurement of 7 June 2019, an unsuccessful tenderer was awarded expectation damages. The contracting entity failed to make it probable that the contracting entity would have cancelled the tender if the contracting entity had been aware of the fact that the winning offer was non-compliant.

Article  -  18.06.2019

Non-traditional trademarks - registration of the first Danish motion mark

In the new Danish Trademarks Act, which entered into force on 1 January 2019, it is no longer a requirement for the registration of a trademark that it can be depicted graphically. Accordingly, it is now possible to register more of the so-called non-traditional trademarks.

Article  -  05.06.2019

New Appeals Board decision on the use of recommendations from the Danish Medicines Council

In a new decision, the Appeals Board of ENLI (the Danish Ethical Committee for the Pharmaceutical Industry) confirms ENLI's guidelines on the use of recommendations from the Danish Medicines Council.

Article  -  31.05.2019

The Danish Medicines Council receives better insight into negotiated price level

The Danish Regions' pharmaceutical organization, Amgros, and the Danish Health and Medicines Authori-ty have ensured that the Danish Medicines Council will receive information on the negotiated price level for medicinal products.

Article  -  30.04.2019

New price agreements ensure reduced prices and price ceiling on medicine

On 19 March 2019, The Ministry of Health, the Danish Regions and The Danish Association of the Pharmaceutical Industry (Lif) entered into two price agreements resulting in reduced prices on hospital medicine and price ceiling on prescription-only medicine eligible for reimbursement.

Article  -  01.04.2019

New agreement to significantly strenghten efforts to tackle financial crime

On 27 March 2019, the majority of the parties in the Danish parliament agreed to strengthen efforts to tackle financial crime. The agreement is expected to be transformed into law within the next year and will entail more rigorous requirements, primarily in terms of compliance with anti-money laundering regulation. The new agreement promises more "proactive" and "aggressive" supervision. In this Insight we will provide an overview of the essential elements of the agreement.

Article  -  28.03.2019

The CJEU has delivered judgments in the "Beneficial owner"-cases

The Court of Justice of the European Union (the "CJEU") has delivered judgments in the six selected pilot cases reviewed by the Court. It is now for the Danish Eastern and Western High Courts to apply the given interpretation of EU law.

Article  -  04.03.2019

Implementation of the new Shareholder Rights Directive in Denmark

The new EU Shareholder Rights Directive is about to be implemented in Danish law. The new bill has just been introduced in its final form and is now only awaiting political discussions, and we expect that the bill will be adopted in final form reflecting the current content of the bill.

Article  -  04.03.2019

Danish Maritime and Commercial High Court limits patent claims and finds indirect patent infringement

The Danish Maritime and Commercial High Court has handed down an interesting judgment in a case concerning validity and infringement of two patents. The judgment is interesting for two reasons. Partly because the Maritime and Commercial High Court amended the existing patent claims, which the courts rarely do, partly because the Maritime and Commercial High Court established indirect infringement, which has rarely been seen in Danish case law.

Article  -  28.02.2019

The new rules on safety features on the packaging of medicinal products have taken effect

On 9 February 2019, the EU Regulation on measures for the prevention of falsified medicinal products and the amendments to the Executive Order on Labelling etc. of Medicines entered into force.

Article  -  11.02.2019

The EU Commission's implementation plan for the new regulations on medical devices

In connection with the implementation of the two new regulations on medical devices ((EU) 2017/745) and in-vitro diagnostic medical devices ((EU) 2017/746), which come into force in 2020 and 2022 respectively, the EU Commission has published an implementation plan.

Article  -  08.02.2019

Proposed Healthcare Reform - joint procurement of medical devices

The Danish government has presented its proposal for a new healthcare reform which inter alia includes a proposal for joint procurement of medical devices for the national hospitals. The procurement shall be conducted by the procurement organization, Amgros, which already conducts all procurements of pharmaceuticals for the national hospitals.

Article  -  28.01.2019

Landmark decision: Contracting authority obliged to allow replacement of supporting entity, which did not meet minimum requirement

In a decision of 18 January 2019, the Complaints Board for Public Procurement has established that it was in breach of the public procurement rules that DSB declined Alstom Transport Denmark A/S' request to replace one of the entities, which Alstom had relied on in order to meet the minimum requirements for economic and financial standing. It is a landmark decision as it determines the scope of a provision in the Danish Public Procurement Act and in the EU Public Procurement Directives, which deviates significantly from previous rules and case law.

Article  -  18.01.2019

MHRA publishes a new guidance in case of a hard Brexit

The British Medicines and Healthcare products Regulatory Agency (MHRA) has published a new guidance on the regulation of medicines, medical devices and clinical trials in case of a hard Brexit. The guidance is a useful tool in the preparations for a hard Brexit, the risk of which has just increased after the British Parliament on January 15 rejected the Brexit deal.

Article  -  17.01.2019

New rules regarding the medicinal cannabis pilot programme

On 1 January 2019, new rules regarding the medicinal cannabis pilot programme came into force. The changes concern export of the cannabis bulk, the permitted use of pesticides, and a special reimbursement system. In this article, we review the most significant changes, and we highlight what your company has to be aware of if you want your cannabis product included in the pilot programme.

Article  -  11.01.2019

Amendments to the Danish Medicines Act - the Danish Safety Technology Authority to handle inspection tasks

On 1 January 2019, the Danish Medicines Act was amended so that some of the inspection tasks previously handled by the Danish Medicines Agency are transferred to the Danish Safety Technology Authority. The transfer of competence is a part of the Danish government's decision to delocalize governmental workplaces.

Article  -  04.01.2019

New Danish Trademarks Act - what is important?

On 1 January 2019 a new Danish Trademarks Act came into force. The new Trademarks Act introduces a number of important amendments such as a fact-track scheme, altered fee structure and protective measures.

Article  -  04.01.2019

Three-year trial scheme for risk sharing in the drug reimbursement system effective as of 1 January 2019

The Danish Parliament has passed amendments to the Health Act effective as of 1 January 2019 that introduce a three-year trial scheme for risk sharing in the drug reimbursement system.

Article  -  03.01.2019

Overview: Consequences of a hard Brexit

There is a greater risk that the United Kingdom will be leaving the EU without a common agreement on the terms of the country's exit. Such a "hard Brexit" will give rise to a number of complications for businesses with activities in the UK. Plesner provides an overview of the consequences of a hard Brexit in a number of key areas.

Article  -  20.12.2018

New judgment on the use of applied art for marketing purposes

On 18 December 2018, the Danish Supreme Court delivered a judgment of general public importance on the use of applied art in marketing material and on packaging.

Article  -  18.12.2018

New rules on share options provide greater freedom of contract

As from 1 January 2019, greater freedom of contract will apply to share option programmes. This is the most essential change introduced by the new Danish Share Option Act, which has just been adopted by the Danish Parliament. The new rules give rise to a number of considerations for companies in connection with the establishment of share-based incentive programmes.

Article  -  07.12.2018

Region Zealand enters into a framework agreement on continuity training of healthcare professionals

A new framework agreement between Region Zealand and the Danish Association of the Pharmaceutical Industry (Lif) sets out the principles on continuity training and skills development of healthcare professionals at the Region's hospitals.

Article  -  06.12.2018

The Danish government presents a plan to introduce an external reference pricing system

Inspired by several other European countries, the Danish Government plans to introduce an external reference pricing system (ERP) by law in order to lower the list prices on reimbursement and hospital only medicines.

Article  -  01.12.2018

The Danish Medicines Council amends their process and methods guide

A recent amendment to the Danish Medicines Council's process and methods guide clarifies the categories, which the Council invokes when assessing the added clinical value of new medicines.

Article  -  01.12.2018

Online workshop on electronic product information for EU medicines

On Thursday, 28 November 2018, EMA, HMA and the EU-commission are conducting an online workshop on electronic product information (ePI) for EU medicines. The product information (PI) of a medicine in the EU includes the package leaflet for patients and the summary of product characteristics (SmPC) for healthcare professionals.

Article  -  26.11.2018

Proposed amendments to executive orders on medicinal cannabis going out for consultation

The Danish Ministry of Health has proposed a number of changes to the executive orders on medicinal cannabis that are now in consultation.

Article  -  23.11.2018

New ECJ-judgment on the requirements for obtaining a SPC

The ECJ has recently found in the case C-527/17 that an SPC for a medicinal product cannot be issued on the basis of a CE certificate of conformity for a medical device, as such a certification procedure does not equate to a marketing authorisation for a medicinal product.

Article  -  16.11.2018

Draft executive orders going out for consultation - on medicinal cannabis and pharmacists' prescription

The Danish Ministry of Health has issued a number of draft executive orders for consultation. The draft executive orders concern reimbursement for medicinal cannabis and the pharmacists' re-prescription of medicinal products and reimbursed dose dispensing.

Article  -  08.11.2018

New guidelines from the Danish Tax Agency and new judgment from the European Court of Justice extend holding companies' right to deduct VAT

The question concerning the right to deduct VAT in holding companies has been on a long and turbulent journey but new guidelines from the Danish Tax Agency and a new judgment from the European Court of Justice (the "CJEU") provide clarity on the rules and, not least, the right to a refund of VAT.

Article  -  23.10.2018

New type of price agreement between Amgros and Vertex

The Danish procurement organisation, Amgros and the pharmaceutical company Vertex have entered into a new type of price agreement stating a monthly fixed price on pharmaceutical products for treatment of cystic fibrosis regardless of the Danish hospital's consumption of the products.

Article  -  18.10.2018

ENLI drafts guidance on documentation

The Danish Ethical Committee for the Pharmaceutical Industry (ENLI) receives several inquiries from companies who seeks advice regarding use of documentation in their marketing, and therefore a new guide on this topic will be drafted.

Article  -  17.10.2018

No-deal Brexit: The legal rights of patent holders

Brexit is imminent, and it is still not clear whether the UK and the EU will manage to secure a Brexit agreement prior to 29 March 2019, when according to the plans the UK leaves the EU. Consequently, to address the uncertainties, the UK government has published guidance on the legal rights of the patent holder in case the parties do not reach an agreement. In general, the patent holders can breathe again; in case of a no-deal scenario, the rules and systems will basically be the same as now.

Article  -  02.10.2018

Brexit: Two-year implementation period for name and address change on released drug packages for sale

The Danish Medicines Agency (DMA) has established a two-year implementation period starting 29 March 2019 in which it is permitted to sell released drug packages indicating a UK-owner of the marketing authorization or representative.

Article  -  02.10.2018

Novo Nordisk loses appeal case on illegal advertisement

By order of 29 August 2018, The Eastern High Court maintained that Novo Nordisk had failed to comply with the ban on marketing of prescription-only medicinal products.

Article  -  28.09.2018

The Danish Medicines Agency launches a new concept for individual scientific advice

On 31 August 2018 The Danish Medicines Agency launched a new concept for individual scientific advice for businesses, hospitals or others seeking a more targeted and individual advice on the requirements imposed by the authorities for applications on clinical testing and marketing authorizations for medicinal products for human and veterinarian use.

Article  -  28.09.2018

Max Planck Institute raises questions about the lawfulness of the Unified Patent Court

The Munich-based Max Planck Institute recently published a comprehensive report addressing the issue of whether the Unified Patent Court (UPC) would be incompatible with EU law post Brexit. The report concluded that the UK remaining in the UPC system post Brexit would be incompatible with EU law.

Article  -  26.09.2018

No-deal Brexit - the legal rights of EU trademark and EU design right holders

It is still not certain whether the UK and the EU will manage to secure a Brexit agreement prior to Brexit (on 29 March 2019). Consequently, the UK government has published guidance establishing the legal rights in case of a no deal Brexit scenario, including for EU trademark and EU design right holders. The EU trademark and EU design right holders can look forward to the continued protection of EU trademarks and EU designs in the UK.

Article  -  26.09.2018

Update on e-mail encryption

The Danish Data Protection Agency has recently published a supplementary opinion in respect of the announced tightened practice regarding e-mail encryption in the private sector. In this article, we review the issue of e-mail encryption and the Data Protection Agency’s opinions.

Article  -  21.09.2018

New requirements for the connection of distribution- and demand facilities under way

On 7 September 2018, Energinet, an independent public enterprise owned by the Danish Ministry of Climate and Energy, submitted a proposal for requirements for demand connection to the Danish Utility Regulator pursuant to Commission Regulation EU 2016/1388 establishing a Network Code on Demand Connection ("DCC"). The requirements are now to be reviewed, go out for consultation and be approved by the Utility Regulator. They will enter into force on 18 August 2019.

Article  -  19.09.2018

Agreement on joint Nordic price procurement for medicinal products

On 18 September 2018, the Danish and Norwegian Ministries of Health signed an agreement regarding joint Nordic price procurement on medicinal products to public hospitals.

Article  -  19.09.2018

Dialogue meeting on joint Nordic procurement of pharmaceuticals

The Danish Region's pharmaceutical procurement organisation, Amgros, and the equivalent organisations in Norway and Iceland have invited to a dialogue meeting on Friday 28 September 2018 to discuss a forthcoming joint Nordic procurement of pharmaceuticals.

Article  -  13.09.2018

EMA and MHA organise workshop on availability of medicines in the EU

On 8-9 November 2018, a task force set up by the European Medicines Agency ("EMA") and the Heads of Medicines Agencies (HMA) hosts a workshop where stakeholders in the pharmaceutical industry are invited to share their suggestions on how to improve availability of medicines in the EU.

Article  -  30.08.2018

MedTech Europe: The implementation of the new MDR and IVDR regulations is making slow progress

According to the European trade association representing the medical technology industries, MedTech Europe, the implementation of the EU regulations on Medical Devices (MDR) and In Vitro Diagnostic Medical Devices (IVDR) will be very challenging.

Article  -  28.08.2018

MHRA publishes the so-called "Brexit-guide"

The English medicines agency, Medicines and Healthcare products Regulatory Agency (MHRA), has published a guide addressing the position of the pharmaceutical and medical devices companies during the implementation period until the end of December 2020, when the UK will leave the EU.

Article  -  23.08.2018

Brexit - EMA suspends clinical data publication

As a consequence of Brexit, the European Medicines Agency ("EMA") will relocate its headquarters to Amsterdam by March 2019. It is now clear that the agency will lose significantly more staff than first anticipated. Staff who will not relocate to Amsterdam have already started to leave the Agency and this tendency is only expected to increase. Therefore, EMA has announced that it has to prioritize its resources and will, inter alia, temporarily suspend clinical data publication.

Article  -  08.08.2018

Draft bill issued for consultation - handling of inspection tasks

The Ministry of Health has issued a draft bill for consultation proposing that inspection tasks pursuant Section 44(1) of the Danish Medicines Act are moved from the Danish Medicines Agency to the Danish Safety Technology Authority.

Article  -  07.08.2018

New EU trademark judgment - KitKat can't catch a break…

For more than 10 years, Nestlé has fought to register the iconic KitKat chocolate bar with four fingers ("the KitKat bar") as an EU trademark for goods in class 30 (confectionery etc.). The European Court of Justice ("CJEU") has found that the KitKat bar is not inherently distinctive, and with this decision the CJEU has ruled on how a trademark owner must prove distinctiveness for use of an EU trademark.

Article  -  06.08.2018

New stricter VAT rules on vouchers

New VAT rules on vouchers will come into effect from 1 January 2019. The new rules will introduce stricter requirements as to when VAT is to be paid, and they will affect vouchers issued by Danish shops. The necessary adjustments of invoicing and bookkeeping systems should be made already now.

Article  -  02.08.2018

EU Commission decision in Altice/PT Portugal provides important guidance on "gun-jumping"

The EU Commission has just published its decision in relation to telecommunications company Altice, which was earlier this year fined a record amount of EUR 124.5 million for violating the prohibition against pre-implementation of mergers. The decision contributes an important understanding of and guidance on how parties to a merger process are to act in the opinion of the EU Commission before the competition authorities have made a decision as to approval of the merger.

Article  -  01.08.2018

Cancellation due to lack of information in contract notice

It is contrary to the Danish Public Procurement Act if the contracting entity does not state in the contract notice which objective and non-discriminatory criteria it will take into account in connection with the selection, even if such criteria are stated in the contract documents. This has just been established by the Danish Public Contracts Appeals Board in a ruling of 24 June 2018 and as a consequence the contracting entity's decision regarding pre-qualification has been cancelled. The decision stresses the importance of a contracting entity stating such information in the actual tender notice.

Article  -  30.07.2018

First fintech entrepreneurs ready for FT Lab

Now, the fintech entrepreneurs on the financial trust platform hiveonline become the first participants in FT Lab, the Danish Supervisory Authority's new "regulatory sandbox". Plesner is the legal adviser of hiveonline and regards the work in relation to FT Lab as an important step in the development of fintech in Denmark.

Article  -  27.07.2018

Proposal for amendment of the Danish share option act

The Minister for Employment will consult on a draft bill on amendments to the Danish Share Option Act. The bill constitutes the implementation of the political agreement on business and entrepreneurial initiatives concluded between the Government and the parties Dansk Folkeparti and Radikale Venstre on 12 November 2017.

Article  -  18.07.2018

New requirements for the connection of power-generating facilities are underway

In recent years the European Commission has issued numerous regulations setting out various network codes and requirements aimed at improving the security of energy supply within the EU. As Denmark is a member of the EU these regulations are directly applicable in Denmark.

Article  -  12.07.2018

New VAT-judgment from the CJEU gives rise to an adjustment of Danish practice

On 5 July 2018 the Court of Justice of the European Union held that holding companies' letting of buildings to subsidiaries is to be considered an economic activity. When the holding company is voluntarily registered for VAT with respect to the letting, the holding company has a right to deduct VAT paid on general expenditure. The judgment should give rise to an adjustment of Danish practice, as the Danish Customs and Tax Administration (SKAT) stated the opposite in guidelines from 2015, ie that the letting of machinery and immovable property does not constitute an economic activity.

Article  -  09.07.2018

The new general conditions within building and engineering - overview of material changes

On 2 February 2018 the committee set up to review the system of the general conditions (the "AB Committee") sent drafts for AB 18 and ABR 18 out for consultation, and on 21 June 2018 the package containing the final AB general conditions were submitted to the Danish Minister for Transport, Building, and Housing.

Article  -  06.07.2018

European patent attorneys are exempted from giving evidence

The Danish Parliament has adopted new rules entailing that patent attorneys are exempted from the duty to give evidence.

Article  -  03.07.2018

First common Nordic tender on medicinal products expected in fall

The Danish Regions' pharmaceutical procurement service, Amgros, and the corresponding organisations in Iceland and Norway are seeking to establish a common Nordic tender on medicinal products to public hospitals.

Article  -  02.07.2018

Fifth EU Anti-Money Laundering Directive adopted

The Fifth EU Anti-Money Laundering Directive (5AMLD) has just been adopted. The new anti-money laundering rules are particularly aimed at preventing terrorists' and other criminals' use of electronic funds and virtual currency exchange platforms. The Directive is to be implemented into national law by 10 January 2020. In the following, Plesner's anti-money laundering legislation specialists will set out the key amendments to 5AMLD.

Article  -  02.07.2018

Oil & Gas - Announcement of the 8th licensing round

Today, the Danish Energy Authority announced the terms for the 8th licensing round in the Danish part of the North Sea. Applicants for new licenses must submit their applications before 1 February 2019.

Article  -  26.06.2018

Denmark establishes National Genome Center

On 29 May 2018, the Danish parliament adopted a new Act to establish a national genome center that will develop and run a nationwide information infrastructure for personalised medicines.

Article  -  20.06.2018

Eli Lilly wins erectile dysfunction patent case

The Maritime and Commercial High Court has granted Eli Lilly a preliminary injunction against a medicinal product marketed by the pharmaceutical company Sandoz. Plesner assisted Eli Lilly in the case.

Article  -  19.06.2018

Rules on prevention of falsified medicines - safety features

The EU has issued rules on prevention of falsified medicines that are to apply from 9 February 2019 (see namely Commission Delegated Regulation 2016/161).

Article  -  07.06.2018

Favourable rules on employee shares have been adopted

As expected, the Danish Parliament has adopted a bill to amend the rules on taxation of employee shares that entails an extension of the possibilities of being taxed under the more favourable rules in section 7 P of the Danish Tax Assessment Act.

Article  -  18.05.2018

New mandatory e-learning module for online marketing of over-the-counter medicinal products

On 14 May 2018 the Danish Medicines Agency introduced a new mandatory e-learning module (Danish language) that must be completed when applying for permission to online distribution of over-the-counter (OTC) medicinal products.

Article  -  14.05.2018

The UK ratifies agreement on a unified patent court

The UK has recently ratified the agreement on a unified patent court (the UPC Agreement). The UK is one of the three countries that have to ratify the UPC Agreement before it can enter into force. Following the UK’s ratification, only Germany’s ratification remains outstanding before the UPC Agreement can enter into force.

Article  -  27.04.2018

New ruling regarding liability for unlawful behavior in relation to sale of medicinal products

On 9 March 2018, the Danish Maritime and Commercial High Court found that KRKA Sverige AB's unlawful notification of smaller packages of medicinal products violated the Marketing Practices Act.

Article  -  21.03.2018

Pilot scheme for risk sharing in the reimbursement system as part of the Growth Plan for Life Science

The Danish government has now published its life science growth plan, which aims at making Denmark a leading life science nation in Europe.

Article  -  14.03.2018

New decision on illegal advertisement of medicinal products on social media

The Danish Medicines Agency (DMA) has rendered a decision (5 March 2018) stating that the sharing of a press release on LinkedIn was considered illegal advertisement of medicinal products. The decision is of importance, as it is the first decision from the DMA regarding LinkedIn.

Article  -  08.03.2018

Banking and Finance Q&As: The use of “soft cap” covenant baskets in loan documentation

In this issue of Banking and Finance, we focus on the introduction of "grower" baskets and other types of "soft cap" covenant baskets in loan documentation. The use of soft cap baskets is a good example of the enhanced flexibility for borrowers (and private equity sponsors) that has characterised part of the loan market in recent years.

Article  -  08.03.2018

Novo Nordisk's press release was illegal advertisement

The Danish Maritime and Commercial Court has issued a preliminary injunction against Novo Nordisk's use of a press release as it contained misleading information and was considered as illegal advertisement for a prescription-only medicinal product.

Article  -  02.03.2018

The opinion of the Advocate General in the "beneficial owner" cases has been delivered

Today Advocate General Kokott gave her opinion in the 6 test cases pending before the Court of Justice of the European Union. We expect the Court of Justice to give its judgment in the autumn of 2018.

Article  -  01.03.2018

New Standard Forms of Construction Contracts in Denmark

On Friday 2 February 2018, the committee that has prepared the new standard construction contracts for the Danish construction market - also known as the "AB-standards" - published its consultation draft. 

Article  -  02.02.2018

Using FIDIC standard contracts in Denmark

Plesner partner Peter Fogh has written an article published in Construction Law International about the use of FIDIC standard contracts in the energy, infrastructure and construction sectors in Denmark.

Article  -  19.01.2018

New restrictive Danish interpretation of insider rules

It is the Danish FSA's interpretation of the Market Abuse Regulation that an issuer shall draw up an insider list in all cases where an issuer comes into possession of inside information - and not only when disclosure of the inside information is ls delayed. This is informed by the Danish FSA in a new memo.

Article  -  03.01.2018

Digital Construction Law

Plesner is participating in a large research project at the University of Copenhagen focusing on digital construction law, including BIM (Building Information Modeling)

Article  -  03.01.2018

Banking and Finance Q&A: Is the end near for LIBOR?

This issue of "Banking and Finance Q & A" focuses on the LIBOR benchmark rate that appears to be facing an uncertain future. The starting point is a speech given by Andrew Bailey, head of the UK Financial Conduct Authority on 27 July 2017 entitled The future of LIBOR. The speech again brought into focus the future of LIBOR, or rather the lack of it, as the speech may turn out to be the final "death warrant" on LIBOR as we know it today.

Article  -  18.12.2017

New revisions of FIDIC's Red, Yellow and Silver Book 2017

At the International Contract Users conference on 5 and 6 December 2017, FIDIC (Federation Internationale des Ingeniuers-Conseils) launched the new revisions of the Red, Yellow and Silver Book.

Article  -  06.12.2017

Strengthened measures to combat money laundering

MLCA proposed amendment to the Danish Act on Measures to Prevent Money Laundering will make the requirements more rigorous in terms of members of management's knowledge of money laundering legislation and money laundering risks as well as the personal consequences for members of management in case of breach of such provisions. Also, a possibility of financial undertakings losing their licenses in case of gross breach of the money laundering legislation will be introduced.

Article  -  05.12.2017

Tightening of the rules relating to co-operative dwellings

A broad political majority has entered into an agreement introducing more rigorous requirements for cooperative housing associations. The purpose of the agreement is to ensure that cooperative housing associations do not get into financial trouble in the future. The new rules are expected to enter into force on 1 July 2018.

Article  -  01.12.2017

The Danish Supreme Court sets limits for disability and absence due to illness

On 22 November 2017, the Supreme Court delivered four judgments on employment law matters. In two of the judgments, the Supreme Court established that a disability in the sense of the Danish Anti-Discrimination Act does not require that the functional limitation is caused by an illness that has been medically diagnosed. In the two other judgments, the Supreme Court provided guidelines for the calculation of the 120 days of absence due to illness in connection with part-time illness. 

Article  -  23.11.2017

Webinar on leave rules across Europe

Through our membership of the Employment Law Alliance, we invite you to attend a free 90-minute webinar on "Workplace Leave Laws: Strategies to Navigate the Changing Landscape Impacting Europe".

13.12.2017  -  22.11.2017

Prohibition of Card Fees comes into force at New Year

On 1 January 2018, new regulation of payees' right to charge card fee comes into force. The rules that apply to both traders and consumers are significantly more restrictive and complicated than the present rules and will result in a total prohibition of charge of card fees for a number of the most commonly used payment cards in Denmark.

Article  -  13.11.2017

Legislative programme for 2017/2018: Initiatives in the areas of environmental law and planning law

In connection with the opening of the Danish Parliament, the government presented a legislative programme for the parliamentary year 2017/2018. Several bills are expected to be introduced in the areas of environmental law and planning law. The catalogue points in several directions and focus will be on the consolidation of natural gas utility companies and coastal protection, among other things.

Article  -  31.10.2017

Acquiror is liable for transferor's unfair dismissal

The Danish Supreme Court has now established that an acquirer in connection with a transfer of an undertaking may become liable for payment of salary during a notice period, severance allowance etc. to an employee who was unfairly dismissed and released from duties prior to the transfer. With this, the judgment of the high court has been changed.

Article  -  23.10.2017

Take part in Chinese conference on global trends in labor and employment law

In collaboration with the Employment Law Alliance, one of the leading law firms in China, JunHe, will host the "Global Employment and Labor Law Conference" in Shanghai on 17 October 2017. The conference will gather the world's leading labor, employment and immigration lawyers, where the most important current issues faced by multinational corporations will be addressed. Plesner is among the speakers at the conference.

Article  -  10.10.2017

Trade secrets - new Danish Act will offer better protection against abuse

New rules on trade secrets that have just gone out for consultation will offer better protection against abuse. Plesner has taken a closer look at the bill and examines the most important elements for Danish businesses below.

Article  -  10.10.2017

Legislative programme for 2017/2018: Employment and labour law initiatives

In connection with the opening of the Danish Parliament, the government published the legislative programme for the coming parliamentary year 2017/2018. Some of the most significant initiatives within the area of employment and labour law are summarised here.

Article  -  05.10.2017

European Commission proposes far-reaching reform of the EU VAT system

On 4 October 2016, the European Commission launched plans for a far-reaching reform of EU VAT rules. The new proposal includes four fundamental principles that focus on tackling VAT fraud, introducing a system for payment of VAT in one place, greater consistency as to country of payment and simplification of invoicing rules.

Article  -  05.10.2017

The European Court of Justice changes its stance on cost sharing

Today, the European Court of Justice has delivered three rulings on the VAT exemption for the supply of services by independent groups of persons to group members (also known as cost sharing). The European Court of Justice holds, among other things, that the VAT exemption does not apply to transactions in the financial sector. The rulings constitute a significant diversion from previous case law by the European Court of Justice and will also change the way the VAT exemption is applied in Denmark.

Article  -  21.09.2017

The new patent system and supplementary protection certificates

The new patent system includes a new unitary patent and a European patent court (UPC) The new system gives rise to a number of questions in relation to supplementary protection certificates, which is the subject of an article by Attorney-at-Law, Partner Mikkel Vittrup and Attorney-at-Law Peter Nørgaard in the new issue of the trade journal Dansk Biotek.

Article  -  12.09.2017

New ESMA guidance on insider lists for advisers

In an updated version of their Q&A on the Market Abuse Regulation (MAR), ESMA has issued guidance on whether advisers to issuers are subject to the obligation to draw up and update an insider list.

Article  -  06.09.2017

Draft bill: Deductions for all business-related payroll costs

A Danish Supreme Court ruling in June 2017 giving the Danish tax authorities the right to a change of practice with retroactive effect and to deny employers the right to deduct payroll costs not directly related to current operations has left businesses in a chaotic situation tax-wise: In principle, all payroll costs and a number of other operating costs were to be divided into a deductible and a non-deductible part. However, the Minister for Taxation had already announced legislative changes if the Supreme Court ruling were to go against tax payers. As a result, the Ministry of Taxation has recently submitted a bill for consultation that, if passed, would give all businesses the right to deduct all business-related payroll costs with retroactive effect.

Article  -  01.09.2017

Danish Government proposes business tax cuts

The Danish Government has presented an initiative aimed at businesses and entrepreneurship that includes a number of proposals for amendments to Danish tax legislation that are to make it more attractive for foreigners to operate and invest in Danish businesses.

Article  -  30.08.2017

The Danish Holiday Committee's suggestion for a new holiday act

The Danish Holiday Committee has finalised their work and submitted a report to the government, which describes a new holiday arrangement and how to implement it in Denmark.

Article  -  24.08.2017

"Prices may be subject to changes"

This sentence is often included in current consumer contracts. In long-term contracts there will be a natural need to adjust prices or terms at some point. But terms of contract giving an undertaking unrestricted access to change the price may be set aside as unfair, and that may have serious consequences for the undertaking in question. At the moment, the Danish Consumer Ombudsman focuses on changing current consumer contracts.

Article  -  17.07.2017

Consultation on amendments to the Danish Competition Act

The Danish Competition and Consumer Authority has published a proposal for a number of amendments to the Danish Competition Act, including abolishing the notification system, changing the de minimis rule, introducing "stop the clock" provisions in merger cases, changing the rules on undertakings in merger cases, introducing preliminary applications for leniency and restricting own access. Comments on the proposal can be submitted until Thursday, 10 August 2017.

Article  -  10.07.2017

Draft bill for the Danish "Data Protection Act"

On Friday, 7 July 2017, the Danish Ministry of Justice's draft bill for the Danish "Data Protection Act" went out for consultation. Comments on the bill must be submitted by 22 August 2017.

Article  -  10.07.2017

New act on insurance mediation is in the pipeline

The Danish Financial Supervisory Authority has sent a draft bill for a new act on insurance mediation out for consultation. The new act is to implement parts of the Insurance Distribution Directive (IDD) into Danish law.

Article  -  10.07.2017

Consultation on new consortium guidelines

The Danish Competition and Consumer Authority has published draft guidelines on the assessment under competition law of consortium collaboration in relation to joint bids for public or private works. Comments on the draft must be submitted by Friday, 1 September 2017.

Article  -  05.07.2017

Key employee was entitled to bonus

A retention bonus was comprised by the concept of "salary and wages" in the sense of the Danish Salaried Employees Act. Therefore, pursuant to Section 17a (1) of the Danish Salaried Employees Act, an employee was entitled to a proportionate bonus calculated based on the time of employment in the bonus period. Judgment of 30 June 2017 from the Danish Supreme Court

Article  -  03.07.2017

The Commission publishes report on e-commerce

On 10 May 2017, the European Commission published its final report on the sector inquiry into the electronic commerce of consumer goods and digital content. In the report, the Commission identifies a number of business practices that may restrict competition that the Commission will examine more closely. The report includes important conclusions in respect of selling on on-line marketplaces and requirements for distributors to operate brick and mortar shops.

Article  -  30.06.2017

Changing preselected entities in open tendering

It was not contrary to the public procurement rules when BaneDanmark allowed Per Aarsleff A/S to continue in the award procedure for the construction of a new section of the railway line between Copenhagen and Ringsted following E. Pihl & Søn A/S's bankruptcy. This has just been established by the Danish Public Contracts Appeals Board in a ruling of 20 June 2017. The ruling is of general public importance as it concerns a very central question about the possibility of changing preselected entities. 

Article  -  29.06.2017

New energy rating rules in the pipeline

Three central amendments to energy rating rules have gone out for consultation. The proposed amendments include abolishing the rule on seven years' validity of certain energy ratings, abolishing the requirement for energy rating of large privately owned properties and abolishing the requirement for energy rating of newly built holiday houses. It is expected that the amendments will enter into force on 1 September 2017.

Article  -  29.06.2017

The UK is heading for UPC ratification - Germany's ratification is delayed

While the UK has taken a decisive step towards ratification of the Unified Patent Convention, Germany's ratification is in danger of being delayed due to legal proceedings before the German Constitutional Court. This may further delay the coming into effect of the new unitary patent agreement. 

Article  -  29.06.2017

New Danish Marketing Practices Act: Remember to update employment contracts and other documents

On 25 April 2017, the Danish Parliament, the Folketing, adopted the new Marketing Practices Act, which will enter into force on 1 July 2017.

Article  -  22.06.2017

Employee's claim for adjustment was statute-barred

Following an industrial arbitration award in 2012, a teacher in an educational institution became aware that, for a long time, he had been subject to a wrong collective agreement and had therefore not received enough salary. Against this background, a dispute arose regarding, inter alia, adjustment of salary, overtime pay, holiday pay and pension contribution for the period 1 October 2007 - February 2009. Judgment of 30 May 2017 from the Danish Eastern High Court.

Article  -  15.06.2017

Currency exchange businesses to have licence

On 2 June 2017, the Danish Parliament adopted a new act on measures to prevent money laundering, the primary objective being to implement the fourth Anti-Money Laundering Directive. The new Act stipulates that currency exchange activities require a licence from the Danish FSA. The supervision of currency exchange businesses will be be moved to the Danish FSA at the same time.

Article  -  14.06.2017

New unitary patent for Europe

When the patent reform comes into effect in early 2018, the so-called unitary patent will be introduced into European patent law. The unitary patent makes it less expensive and easier for patent holders to enforce their rights across borders. However, the unitary patent will be subject to a number of restrictions that should be taken into account, in particular during the start-up phase. Attorney-at-Law, Partner Jeppe Brinck-Jensen and Attorney-at-law Peter Nørgaard are the authors of an article about the future unitary patent in the new issue of the Danish trade journal Dansk Biotek.

Article  -  14.06.2017

Party chairman was not able to prove that the termination of his employment was due to his political views

Pursuant to the Danish Anti-Discrimination Act, an employer may not discriminate based on political convictions. If an employee feels discriminated against due to his political conviction, it is for the employee to establish factual circumstances to prove that discrimination occurred. In a decision of 28 March 2017, the Danish Board of Equal Treatment was to consider whether such factual circumstances were established.

Article  -  09.06.2017

Salaried employee or owner?

In a judgment of 2 May 2017, the Danish Western High Court was to consider whether an employee, who owned 39 per cent of the shares in the company in which he was employed, held a subordinate position.

Article  -  01.06.2017

Transition from mixed duties to day duties was a material change to the terms and conditions of employment

In general, an employer may unilaterally decide that non-material changes to the employment relationship are to enter into force immediately or with an agreed reasonable notice. However, material changes to the employment relationship must be notified with the individual employee's notice of termination. The line between material and non-material changes is not well defined, and it was the drawing of this line that the Danish Eastern High Court was to consider in the case. The Eastern High Court's judgment of 7 April 2017.

Article  -  23.05.2017

Fine for misinformation in merger announcement

METRO Cash & Carry Danmark ApS has been fined for submitting incomplete information to the Danish Competition and Consumer Authority in the merger announcement of Euro Cater A/S's acquisition of two Metro stores in 2014. The case is an example of the Danish competition authorities' increased focus on the correctness and quality of the information disclosed by the parties in merger announcements.

Article  -  28.04.2017

New credit rating rules

The Danish consumer ombudsman and a number of trade associations have just revised the guidelines for short-term loans made as distance selling agreements. The section on credit rating in particular has been significantly elaborated. The new credit rating requirements will affect all traders offering credit to consumers. The new guidelines will enter into force on 1 May 2017.

Article  -  28.04.2017

Potential consequences of Brexit

The Brexit negotiation process has started. Even if the final conditions are not very clear, it could be an advantage to consider the consequences of Brexit for your business now. Plesner provides a provisional overview of legal Brexit scenarios in a number of key areas.

Article  -  27.04.2017

New Danish Marketing Practices Act adopted

Today, the Danish Parliament has adopted a new Marketing Practices Act that will enter into force on 1 July 2017. The object of the revision has been to make the Act more simple and clear within the framework of current EU law.

Article  -  25.04.2017

Public procurement - Contracting entity to terminate contract

For the first time, the Danish Public Contracts Appeals Board has cancelled an award decision in a call for tenders under the Danish Public Procurement Act in a ruling of 23 March 2017. It means that the ruling is also the first that triggers the rule in section 185(2) of the Danish Public Procurement Act which stipulates that the contracting entity is obliged to terminate the concluded contract if the contracting party's award decision is cancelled. Compared to the previous situation, it has now even more far-reaching consequences for the contracting entity and the business with which the contracting entity has entered into the contract if the contracting entity's award decision is cancelled.

Article  -  25.04.2017

Eased sentence in Atea case: Community service instead of unconditional prison sentence

On 17 March 2017, the Danish Eastern High Court gave judgment in one of the so-called Atea cases. The case involved two public employees who in the city court had been sentenced to unconditional prison sentences of 4 and 2 months, respectively, for violation of Section 144 of the Danish Penal Code. Pursuant to the provision, public employees are prohibited from receiving or requesting gifts or other benefits, and a violation thereof is sanctioned by a fine or imprisonment of up to 6 years.

Article  -  14.04.2017

Franchising in Denmark

The regulation of franchising as a business concept differs significantly from country to country. In the new and fourth edition of the international publication "The Franchise Law Review", Attorney-at-Law, Partner Jacob Ørskov Rasmussen looks into franchising conditions in Denmark.

Article  -  07.04.2017

The Danish Medicine Council adopts a confidentiality policy

At its meeting on 29 March 2017, the Danish Medicine Council approved a confidentiality policy stipulating the guidelines for the processing of confidential information by the Medicine Council.

Article  -  07.04.2017

The European Parliament has adopted new rules on medical devices

In continuation of our Life Science Update on 17 March 2017, where we stated that the Council of the European Union had adopted the new EU rules on medical devices and in-vitro diagnostic medical devices, we can now state that the rules have also been adopted by the European Parliament. This was the last step on the way to a formal approval of the two regulations.

Article  -  07.04.2017

New packaging requirements for medicinal products to avoid falsification

On Tuesday 4 April 2017, the Danish Parliament has adopted a bill on its third reading. The bill introduces new requirements for the packaging of medicinal products in order to avoid the circulation of falsified drugs.

Article  -  07.04.2017

Book: Danish Act on Temporary Agency Work poses challenges

The rules applying to temporary agency workers employed by temporary-work agencies give rise to several problems. That is the subject of a book reviewed in the Danish weekly law reports (Danish: Ugeskrift for Retsvæsen) written by Attorney-at-Law, PhD Jacob Falsner, who is an expert in labour and employment law.

Article  -  05.04.2017

The Danish Government's Growth Team for Life Science presents 17 recommendations

The Danish Government's Growth Team has just presented its recommendations for how to strengthen Denmark's international position within Life Science. This happened at a press conference with the participation of the chair of the Growth Team, Kåre Schultz and the Minister for Industry, Business and Financial Affairs, Brian Mikkelsen.

Article  -  31.03.2017

The European Court of Justice upholds the decision on interim suspension of access to clinical data, etc.

The European Court of Justice ("ECJ") upholds two decisions from the General Court, which determined that requests for access to documents should not be granted.

Article  -  31.03.2017

Updated guidelines have been sent into hearing

Updated "Guidelines for drafting health economic analyses of medicinal products when applying for reimbursement" have been sent into hearing

Article  -  21.03.2017

Brexit - a great step closer

The British government has just announced that the letter that will formally trigger the United Kingdom's withdrawal from the EU will be sent on 29 March. Plesner's Brexit task force follows developments closely and still recommends that clients bide their time.

Article  -  20.03.2017

One step closer to new rules on medical devices

On 7 March 2017, the Council of the European Union adopted the new EU rules on medical devices.

Article  -  17.03.2017

Joint position paper on considerations for switching between biologics and biosimilar medicinal products

Three international industry associations release a joint position paper on considerations for switching between biologics and biosimilar medicinal products.

Article  -  17.03.2017

EU judgment on liability for monitoring and inspection of manufacturers of medical devices

In a recent case, the European Court of Justice ("ECJ") has found who can be held liable for a loss suffered due to failure of monitoring and inspection of manufacturers of medical devices. The end users of medical devices should be aware of this in connection to entering into agreements with manufacturers.

Article  -  17.03.2017

The Unified Patent Court - opting out?

The Unified Patent Court (UPC) is expected to come into existence already in December 2017. It is therefore a matter of urgency for companies to consider the consequences for their patent portfolios and whether to opt out their European patents.

Article  -  15.03.2017

Doubts about the scope of application of tax-advantaged employee share ownership plans

The Danish tax authorities set the stage for a close interpretation of the rules on tax concessions in respect of employee share ownership plans in a recommendation for a binding assessment notice.

Article  -  24.02.2017

New Danish Payment Services and Electronic Money Act

Next year, the payment services sector and the businesses providing payment services will be subject to a number of amended rules for payments and other financial services. The Danish FSA has just concluded the hearing of the payment services and electronic money bill which is to implement the second payment services directive and replace the Danish Payment Services and Electronic Money Act in 2018. Plesner has studied the most important amendments to the future rules.

Article  -  21.02.2017

Danish rules on approved auditors and audit firms - five pieces of good advice

The world leader in financial administration, Computershare, has consulted with Plesner on the new Danish rules on approved auditors and audit firms that entered into force in June 2016. The new rules on approved auditors and audit firms affect companies' general meetings in 2017. This is why Computershare has asked Plesner's specialists in the area, Shaina Jabbar and Jacob Christensen, to answer five questions about the rules.

Article  -  10.02.2017

Securities traders' difficult choice

The article "En værdipapirhandlers valg mellem pest eller kolera" (in English: a securities trader's difficult choice) has just been published in the Danish weekly law reports. The article is written by Hans Fogtdal, who is a former Deputy Public Prosecutor with the Danish Public Prosecutor for Serious Economic Crime. Hans joined Plesner in the autumn of 2016 where he focuses on corporate compliance and corporate criminal law with special expertise in the financial sector.

Article  -  10.02.2017

Trade secrets - enforcement in connection with abuse getting easier

The future Danish Act on trade secrets will make it easier to improve the rightsholders' enforcement of their rights in the event of unlawful acquisitions, disclosure and use of trade secrets. 

Article  -  10.02.2017

New Danish Act on trade secrets on the way

The new EU Directive on trade secrets is to be implemented into a completely new and independent Danish Act on trade secrets. This has just been confirmed during a user meeting at the Danish Patent and Trademark Office.

Article  -  31.01.2017

Service certificate now includes foreign directors

On 30 January 2017, the Danish Business Authority made a number of amendments to the service certificate that businesses can use when participating in public procurement. The most important amendment is that in future the Danish Business Authority will also obtain information about any criminal actions committed by foreign members of boards of directors and executive boards. It means that in future the contracting entity can rely on the service certificate being sufficient documentation for a business not being subject to the reasons for exclusion laid down in the Danish Public Procurement Act, also when the management includes foreign members. 

Article  -  31.01.2017

Ministry liable for damages for setting aside EU law

Ministry was liable for damages, since the Danish Holiday Act had not been aligned with EU law within the stipulated time. However, in the specific case, the employee was not entitled to compensation. Judgment of the Danish Supreme Court dated 19 January 2017.

Article  -  21.01.2017

Summary dismissal for smoking, in spite of long seniority

Recently, the Danish Eastern High Court put a temporary end to the case of a warehouse operative in a juice factory who had been summarily dismissed for having lit a cigarette outside the factory's smoking area. The employee had 31 years of seniority.

Article  -  18.01.2017

New UPC timetable

The committee preparing the start of the Unified Patent Court (UPC) has just published a preliminary timetable for when the Court can come into existence. As a patent holder or a licence holder, you must be particularly aware of the following:

Article  -  17.01.2017

Fine amounts when sending spam by text messages

The District Court in Frederiksberg has ordered the Copenhagen taxi company Taxa 4x35 to pay a fine of DKK 250,000 for sending 27,283 text messages without the recipients' consents. The judgment by the District Court demonstrates that text messages categorised as service announcements can be considered spam if the announcements contain marketing information. The judgment also emphasises that the Danish Marketing Practices Act's model for calculating fines for sending spam is not being followed. Far from it. The fine is actually based on the specific circumstances of the case.

Article  -  12.01.2017

Brexit and the challenges of the UK joining the UPC

On 23 June 2016, the UK voted to leave the EU. On 28 November 2016, the UK surprisingly announced that it would ratify the Unified Patent Court Agreement. Sture Rygaard, Attorney and Plesner Partner, and Peter Nørgaard, Attorney, write about Brexit and the challenges of the UK joining the UPC in the new edition of the Danish trade paper Dansk Biotek.

Article  -  12.01.2017

Video surveillance was contrary to the agreement on control measures

The Danish Labour Court's decision of 2 December 2016 involved the issue of whether a company had violated the agreement on control measures - entered into between the Confederation of Danish Employers (DA) and the Danish Confederation of Trade Unions (LO) - by using video surveillance in the entrance of a room that was converted into a so-called community room.

Article  -  12.01.2017

Pension provider's letter was contrary to prudent practice

In a case of general public importance brought by the Danish Consumer Ombudsman, the Copenhagen City Court found that Sampension KP Livsforsikring A/S ("Sampension") acted contrary to prudent practice for financial services companies. Sampension failed to comply with prudent practice when it sent a standard letter to a cancer-stricken customer, recommending the customer to transfer to another type of pension scheme that did not include spouse's pension without evaluating the customer's specific situation. The case emphasises the vigilance that should be shown by pension providers when approaching customers about transferring from one pension scheme to another.

Article  -  09.01.2017

MAR - news about the duty to notify when it comes to managers' transactions

In a new version of its Q&A on the Market Abuse Regulation (MAR) the European Securities and Markets Authority (ESMA) establishes that a separate threshold applies to persons discharging managerial responsibilities' and each of their closely associated persons' duty to notify under Article 19 of MAR. For now, however, the Danish FSA maintains its conflicting practice.

Article  -  09.01.2017

New EU rules on shareholders' rights on the way

The negotiations about the proposal to amend the Directive on shareholders' rights have been concluded at EU level and the amendments are expected to be adopted in spring 2017. The object of the proposed amendments to the Directive on shareholders' rights (Directive 2007/36 EC) is to encourage corporate governance in listed companies by making it easier for shareholders to exercise active ownership and to make share trading more transparent.

Article  -  03.01.2017

Professional use of personal name - Topbrands v Benedikte Utzon

On 20 December 2016, the Danish Supreme Court delivered a judgment in a case of general public importance between the company Topbrands and the Danish designer Benedikte Utzon about her right to use her own name professionally. The case was about whether a person who has assigned a trademark that includes his or her name may in future use his or her name professionally.

Article  -  20.12.2016

Bill proposing to make loans to shareholders and members of management legal has been passed

The Danish Parliament has passed a bill to amend the Danish Companies Act and the Danish Financial Statements Act, which means that loans may be granted to shareholders and members of management subject to certain conditions. The bill will come into force on 1 January 2017.

Article  -  16.12.2016

Reimbursement of expenses in relation to assistance in tax appeal cases to be reintroduced from 1 January 2017

Today, the Danish Parliament passed a bill reintroducing the former rules for cost reimbursement in relation to direct and indirect tax cases. The rules will become effective from 1 January 2017. Going forward companies will thus as a general rule be entitled to a reimbursement of all expenses incurred in connection Danish direct and indirect tax appeal cases if the case is (predominantly) won and 50% of the costs if the case is lost.

Article  -  15.12.2016

Dismissal with reduced term of notice was in compliance with the 120-day rule

By judgment of 1 November 2016, the Danish Eastern High Court established that an employee's sickness absence was to be calculated as full-time sickness absence in accordance with the 120-day rule, even though the employee had offered the employer to resume work on a part-time basis. As such, the employee had received salary during sickness absence for 122 days, and the employer could rightly terminate the employment with a reduced term of notice pursuant to Section 5 (2) of the Danish Salaried Employees Act.

Article  -  14.12.2016

The Supreme Court sets a limit to EU Regulation

The Danish Supreme Court has recently given a judgment of very fundamental importance in the widely publicised Ajos case. The case involved a 60-year old salaried employee who had been dismissed after 25 years of service. Pursuant to the Danish Salaried Employees Act, the employee was in principle entitled to a severance allowance of 3 months' salary due to his long-term employment. The dispute was caused by the fact that the then current Section 2a (3) of the Salaried Employees Act provided that the right to a severance allowance would lapse if the employee was entitled to employer-paid retirement pension upon expiry of the employment. This was the case for the relevant employee, and he did not receive the severance allowance. The Supreme Court's judgment of 6 December 2016.

Article  -  07.12.2016

The UK to join the Unified Patent Court

The UK Minister of State for Intellectual Property surprisingly announced on 28 November 2016 that the UK is proceeding with preparations to ratify the Unified Patent Court Agreement (UPCA). The UPCA may thus come into force already in the autumn of 2017.

Article  -  28.11.2016

New ECJ judgment on the possibility of repacking in the context of parallel imports

In a recent judgment, the Court of Justice of the European Union ("ECJ") has considered whether the repacking of medicinal products in the context of parallel import can be seen as "necessary" when the repacking is carried out in situations where the relevant packet sizes are marketed in both the importing and exporting country.

Article  -  21.11.2016

Requirement to register chemical substances in products and articles

Under the European REACH legislation applying to the entire European Union, manufacturers and importers of both individual chemical substances and compositions of such chemical substances are required to register the relevant chemical substances in some situations. Articles containing chemical substances are also to be registered. Registration is to be made with the European Chemicals Agency ("ECHA") and must be completed by 31 May 2018 at the latest.

Article  -  18.11.2016

Want to learn more about restrictive covenants in European employment law?

The Employment Law Alliance network, of which Plesner is a member, invites you to attend a free webinar on the use of restrictive covenants for the protection of company knowledge. At the webinar, employment law experts from several European countries will review the most important rules in the area, and Rasmus Høj Christensen from Plesner will go through the Danish rules.

16.11.2016  -  16.11.2016

Unprecedented big fine for binding resale prices

Opel Danmark has accepted a fine of more than DKK 8 million for having fixed minimum prices to be paid by its distributors. The fine is one of the biggest to date for violating the Danish Competition Act and it clearly indicates the increased level of fines that businesses can now expect to receive for violating the competition rules. The case also emphasises the importance of having a compliance programme in place to ensure that the competition rules are observed.

Article  -  09.11.2016

New trade secret rules will improve the possibility of damages

The new EU Directive on trade secrets will improve the rightsholders' possibility of receiving damages for abusing trade secrets.

Article  -  08.11.2016

Personal data judgment is good news for Danish e-commerce businesses

A ruling by the Court of Justice of the European Union confirms the so-called principle of the country of establishment. The principle means that a business established in Denmark is not subject to the personal data rules in another EU Member State to which it directs its online activities if the business is not established in that country. The judgment is consequently good news for Danish e-commerce businesses that offer their services to consumers in other EU Member States.

Article  -  07.11.2016

Brexit: not cancelled, but probably postponed

Yesterday's ruling by the High Court of England and Wales on Article 50 has led to dramatic newspaper headlines such as "Brexit bombshell", "Brexit in chaos" and "Brexit headache". Briefly put, the High Court ruled that the British Government cannot itself trigger the Article 50 procedure of the Lisbon Treaty by informing the European Council that the UK will leave the EU. The announcement must be given with the permission of the British Parliament.

Article  -  04.11.2016

The circumstances at the time of the dismissal are decisive - also in connection with the dismissal of a pregnant employee

In connection with the Finance Act of 2011, demands for significant cutbacks were imposed on a university college. This led to a number of dismissals, including the dismissal of a pregnant employee. However, the employer was not informed of the pregnancy until after the decision to dismiss the employee had been taken. The Danish Supreme Court found that the dismissal was caused by the demand for cutbacks and neither wholly nor partially due to the employee's pregnancy. Nor was the fact that the employer subsequently failed to offer the employee a position that had been posted after the dismissal, but before the expiry of her employment, in contravention of the Danish Equal Treatment Act. This was established by the Supreme Court by a judgment of 25 October 2016.

Article  -  28.10.2016

Bill to update the Danish Planning Act

The political agreement "A Denmark in better balance - Better framework for local authorities, citizens and businesses in the whole country" has resulted in a bill to update the Danish Planning Act which has just been out for consultation.

Article  -  18.10.2016

Introduction of a draft act amending the Danish Marketing Practices Act

Yesterday, the Danish Government introduced a draft act amending the Danish Marketing Practices Act. It is proposed that the Act come into force on 1 July 2017. The draft act is in line with the draft act amending the Danish Marketing Practices Act that was published by the Danish Minister of Business and Growth in a report of 1 July 2016.

Article  -  13.10.2016

Competition law - new statutory rules on damages

The Danish Ministry of Business and Growth has introduced a draft act on actions for damages relating to the infringement of competition law. The draft act includes statutory rules on the burden of proof and presumption in relation to the finding of losses and statutory rules on the passing on of prices, the production of evidence and limitation.

Article  -  12.10.2016

Plesner authors Danish chapter in "The Projects and Construction Review"

Peter Wengler-Jørgensen, Attorney-at-Law and Partner, and Maygan Mike Lundgaarde, Senior Attorney, have authored the Danish chapter in the recently published 6th edition of "The Projects and Construction Review" in The Law Reviews series published by The Law Business Research.

Article  -  12.10.2016

Legislative Programme within the area of Employment and Labour Law 2016/2017

The Danish government has presented its legislative programme for the parliamentary year 2016/2017. The programme contains a number of upcoming proposals for amendments within the area of employment and labour law, including e.g. proposals for amendments of the Danish Holiday Act, the Danish Childbirth Act and the Danish Public Servants Act.

Article  -  11.10.2016

Denmark ratifies convention promoting environmentally sound ship recycling

Denmark has ratified the Hong Kong convention promoting environmentally sound ship recycling. Attorney-at-Law and Plesner Partner Søren Stenderup Jensen is the author of an article on the topic in the most recent issue of International Law Office (ILO) - Environment & Climate Change.

Article  -  05.10.2016

Restructuring - a case about governing law was of too much public importance to be decided by the Enforcement Court

A dispute about governing law agreed between an Irish company and a Danish company that was subject to restructuring proceedings was of such public importance that the Enforcement Court dismissed a request for immediate enforcement proceedings. The Danish Eastern High Court upheld the decision to dismiss the request.

Highlight  -  04.10.2016

No compensation for injury in spite of violation of the Danish data processing rules

Two employees were not awarded compensation in spite of a violation of the Danish Act on Processing of Personal Data. The extent of the violation was limited and had not affected the substantive correctness of the findings in the two personnel matters. That was the conclusion reached in the ruling made by the Danish Supreme Court in a case (277/2015) about the award of compensation to two employees because their employer had processed their personal data contrary to the Danish Act on the Processing of Personal Data.

Article  -  03.10.2016

The Danish Eastern High Court refers question of general public importance to the Court of Justice of the European Union

The Court of Justice of the European Union ("ECJ") will decide a question of general public importance regarding the interpretation of provisions in the nomenclature of goods in the EU Customs Tariff. The decision to refer the question was made by the Danish Eastern High Court in a case about customs duties on set top boxes for TV via the internet (IPTV). Plesner conducts the case before the High Court and the ECJ.

Article  -  22.09.2016

Brexit: will the UK be able to participate in the Unified Patent Court (the "UPC") in the future?

One of the many questions that have cropped up after the Brexit vote on 23 June 2016 is whether the UK will be able to participate in the UPC without at the same time being a member of the EU. A recent opinion prepared by Richard Gordon QC and Tom Pascoe, Brick Court Chambers, on behalf of a number of IP organisations tries to shed some light on the question.

Article  -  20.09.2016

Personal data - the Privacy Shield Framework now ready for use

It is now possible for enterprises exporting personal data to the US to use the new EU-US Privacy Shield Framework. The framework, which replaces the previous Safe Harbor Agreement between the EU and the US for the transfer of personal data, is in force from 1 August 2016.

Article  -  19.09.2016

The EU law does not protect job applicants who only apply for a position to achieve compensation

In July 2015, the Federal Labour Court in Germany referred a preliminary question to the ECJ under Article 267 TFEU. The question was submitted in a case between a lawyer and an insurance company from Germany and involved whether the lawyer had been subjected to discrimination due to age and gender in connection with the rejection of his job application. The ECJ took into account that the EU law does not protect job applicants who are not interested in being hired, but who are only attempting to achieve compensation on the ground of discrimination. If the required conditions under the EU law are met, such a situation could be characterised as abuse of the law. This was established by a decision of 28 July 2016 from the ECJ (case C-423/15).

Article  -  16.09.2016

Health and Safety Representative enjoyed special protection against dismissal

A health and safety representative without a collective agreement enjoyed special protection against dismissal. This was established by a judgment of 16 August 2016 from the Danish Eastern High Court.

Article  -  13.09.2016

Unlawful to publish pictures from closed circuit television surveillance on Facebook

Traders or private individuals frequently publish pictures from closed circuit television surveillance on social media. It can be tempting to ask the public for help to recognise a person. Nevertheless, such publication is generally unlawful, as most recently established by the High Court of Western Denmark in a judgment of 4 April 2016 (TfK 2016.674 V).

Article  -  02.09.2016

Listed companies soon to have LEI Codes

A proposed amendment to the Danish executive order on the issuer's duty of disclosure will entail that all issuers of listed securities must have an LEI Code when submitting information to the Danish FSA from 1 January 2017.

Article  -  02.09.2016

The Danish Consumer Ombudsman publishes new guidelines for advertisements for loans

In recent years, the Danish Consumer Ombudsman has reviewed the marketing of for instance car loans, consumer loans, overdraft facilities and quick loans to consumers.

Article  -  31.08.2016

Expert report criticises the implementation of e-registration system

The expert report prepared for the purpose of the group action (Gruppesøgsmål.nu) instituted by Danske Boligadvokater (an organisation for lawyers specialising in the purchase and/or rental of real estate) against the Courts of Denmark has now been published. The group action is instituted on behalf of the great number of private home buyers who have incurred extra costs due to the Danish Registration Court's long turnaround times in connection with the implementation of the e-registration system.

Article  -  29.08.2016

E-registration - claims for damages still possible

The Danish Ministry of Justice and the Finance Committee of the Danish Parliament have decided that both private citizens and businesses can raise claims against the Courts of Denmark (Danish: Domstolsstyrelsen) until 31 December 2018 if they have suffered losses in connection with the implementation of the e-registration system (Danish: digital tinglysning).

Article  -  29.08.2016

Bill to amend the Danish Business Leases Act

A Bill to amend the Danish Business Leases Act has just been out for consultation and if it is passed, it will come into force on 1 January 2017. The Bill, which falls into two parts, implies a wider possibility of concluding fixed-term business leases as well as a specification of the terms and conditions taken into account when a tenant or a landlord demands that the rent be adjusted to the market rent.

Article  -  26.08.2016

Brexit: Corporate-law considerations

Despite the fact that more than two months have now passed since the UK decided to leave the EU, not one single decisive step has been taken towards an actual exit. It looks like it will be more of a marathon than a sprint. This is why there is good reason to wait and see.

Article  -  26.08.2016

Building cartel: judgment in favour of contractor due to late pressing of charges

The District Court in Elsinore finds for a construction company and a managing director for breach of the Danish Competition Act because it was not proved that the police had pressed charges before the expiry of the 5-year period of limitation.

Article  -  24.08.2016

Firm of engineers liable for local authority's choice of unsuitable plot for waste recovery site

A firm of engineers could be made responsible for insufficient advice leading to a local authority deciding to establish a waste recovery site at an unsuitable plot. This was laid down in a decision made by an arbitration tribunal under the Danish Building and Construction Arbitration Board.

Article  -  22.08.2016

Relocation and termination of an employee in a flexible job were not contrary to the Danish Anti-Discrimination Act

The case involved a municipality's alleged discrimination in a situation where a disabled employee was first relocated to another flexible job position with a reduced salary and then terminated on the grounds of efficiency improvement. The Danish Board of Equal Treatment found that the employee herself had accepted the employment in a new flexible job position as she was no longer able to perform her work assignments. The salary reduction was not an expression of discrimination, but rather a question of applying the new applicable rules for flexible jobs. The subsequent termination was based on shortage of work, for which reason the Board of Equal Treatment, by decision of 4 May 2016, found in favour of the municipality.

Article  -  22.08.2016

Tenants subletting pitches may be held liable for traders' sales of counterfeit goods

On 7 July 2016, the Court of Justice of the European Union made a preliminary ruling concerning the interpretation of Article 11 of Directive 2004/48/EC on the enforcement of intellectual property rights (the "Enforcement Directive"). Under this provision, the Member States must ensure that holders of intellectual property rights may apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual property right.

Article  -  04.08.2016

A general change in employment conditions may not affect a single individual employee

An employee was entitled to consider herself as dismissed by the employer due to a material change in her employment conditions. As a main rule, a general implementation of a change in employment conditions is neither wholly or partly due to a single employee's maternity leave. However, in this case the employer was unable to carry the burden of proof that the implementation of new guidelines for taking paid leave was not, in whole or in part, due to the employee's pregnancy and subsequent pregnancy and maternity leave. Therefore, the employee was awarded compensation corresponding to nine months' salary. Decision of 6 April 2016 from the Danish Board of Equal Treatment.

Article  -  02.08.2016

Employer was entitled to set off paid salary against employee's claim for holiday allowance

This was established by the Danish Western High Court in a judgment of 20 June 2016. The case involved an employee who after long-term illness had been dismissed from her position as deputy manager. However, during the notice period, the employee was reported fit for work by the job centre. This, however, did not change the fact that the employee was still absent from work. Consequently, the High Court found that the employee had been absent from work without good cause. Accordingly, the employer was entitled to set off the salary paid out to the employee during the period in which the employee had been absent from work against the employee's claim for holiday allowance.

Article  -  21.07.2016

Summary Dismissal of Sales Manager who had deleted important Files was justified

In a judgment of 24 June 2016, the Danish Western High Court found that a summary dismissal of a sales manager was justified, as the sales manager had intentionally deleted important files from the company's IT system.

Article  -  14.07.2016

Brexit: Patents and protection certificates

The UK has voted to leave the EU - the so-called Brexit. This will affect the holders of pa-tents and supplementary protection certificates.

Article  -  08.07.2016

New case law - trustee qualified to examine intercompany claims

The trustees of O.W. Cargo Denmark A/S under konkurs (in bankruptcy) are qualified to examine intercompany balance.

Article  -  07.07.2016

An employer must be able to prove that a dismissal is not due to paternity leave

By judgment of 1 June 2016, the Danish Eastern High Court awarded an employee compensation in the amount of DKK 200,000 corresponding to six months' salary on the grounds that the employer was unable to prove that the decision to dismiss the employee was not, in whole or in part, based on the fact that a few days later the employee was about to take two weeks of paternity leave. Although the dismissal took place before the commencement of the paternity leave, the burden of proof that the dismissal was not due to the paternity leave lay on the employer.

Article  -  04.07.2016

New state aid register

From 1 July 2016 Danish authorities must register state aid of more than EUR 500,000 in a public web-based state aid register. The purpose is to increase transparency in respect of state aid of a certain value. 

Article  -  04.07.2016

Stress entitled dismissed civil servant to be awarded disability pension

In February 2009, a civil servant who suffered from stress was dismissed from his job in a bus company. The employee was awarded ordinary disability pension but was of the opinion that he was entitled to qualified disability pension instead due to the fact that his earning capacity was reduced to one third or less. In the first instance, the city court entered judgment in favour of the employer. However, a majority of the Danish High Court changed the judgment of the city court and agreed with the employee that he was entitled to be awarded qualified disability pension - Judgment of 31 May 2016 delivered by the Danish Western High Court.

Article  -  30.06.2016

Brexit: Trademarks and designs

Brexit is a reality and it will affect most owners of EU trademarks and EU designs.

Article  -  29.06.2016

Brexit: Customs and VAT consequences

Customs and VAT rules are harmonised in the EU and consequently implement directly the fundamental principle of the free movement of goods and services. The UK's decision to leave the EU may imply that a barrier will be set up in relation to customs and VAT. This may be important to Danish businesses trading with UK businesses and to Danish businesses affiliated with UK businesses.

Article  -  29.06.2016

The UK to leave the EU - Plesner advises on the consequences

The result of the EU referendum was announced on Friday, 24 June 2016 and the UK voted to leave the EU. We have set up a special Brexit task force with specialists across Plesner's various practice areas. The task force is available to our clients and we will provide regular updates on the development on our website, www.plesner.com.

Article  -  24.06.2016

Improper behaviour at a colleague's birthday party constituted grounds for summary dismissal

The case involved an employee who was summarily dismissed from his job due to improper behaviour at a colleague's birthday party. The employee had, among other things, poured beer over a colleague, verbally molested another colleague and hit a third colleague's spouse in the face. By judgment of 23 May 2016, the Danish High Court found that the summary dismissal of the employee was justified considering the gravity of the behaviour and that a continued cooperation with the colleagues was made impossible.

Article  -  22.06.2016

Student Assistant under the age of 25 had to accept a lower salary

By judgment of 17 June 2016, the Danish Supreme Court established that a provision in a collective agreement, pursuant to which an employer may reduce the pay supplement for student assistants, was not contrary to the Danish Anti-Discrimination Act's prohibition against age discrimination. The Supreme Court found that the age limit of 25 constituted direct discrimination due to age, but that the age limit was justified on legitimate grounds of easing the young student assistants' possibilities of obtaining employment during the studies. Consequently, the court gave judgment in favour of the employer, dismissing the student assistant's claims for compensation and payment of additional salary.

Article  -  21.06.2016

New rules on market abuse coming into force

We are rapidly approaching the date of 3 July 2016 when the new Market Abuse Regulation will enter into force. With less than three weeks to go before its commencement, all relevant parts of the legislation are not yet in place and a large number of unclarified issues are still outstanding. Plesner provides an overview below of the current status.

Article  -  15.06.2016

A number of limited partnerships must register ownership interests

From 1 July 2016, a number of limited partnerships will also be subject to the duty to register ownership interests in the Danish Public Register of Major Shareholders. This is the result of a new executive order from the Danish Business Authority.

Article  -  14.06.2016

Suspension of 27 cabin crew members was not in contravention of collective agreement

By judgment of 1 June 2016, the Industrial court found that an airline's suspension of 27 employees and members of a trade union was not in contravention of the collective agreement, as the employees, through threats and harassment, had attempted to prevent their colleagues from resuming work following a wildcat work stoppage.

Article  -  10.06.2016

Local Government Denmark (LGDK) acquitted of breach of the main agreement with the Confederation of Teachers Unions

By judgment of 3 June 2016, the Industrial Court acquitted LGDK of breach of the main agreement with the Confederation of Teachers Unions.

Article  -  08.06.2016

Senior Employee was entitled to bonus

It was contrary to the mandatory rules of the Danish Salaried Employees Act when A, who held a position of a senior employee in a pharmaceuticals company, was not awarded bonus based on a direct proportional calculation, but on a progressive calculation. Furthermore, the case involved the question of whether a retention bonus was comprised by Section 17a of the Salaried Employees Act, which the court - in line with previous case law - found to be the case. Judgment of 27 May 2016 of the Maritime and Commercial Court.

Article  -  31.05.2016

New EU rules on trade secrets

The European Parliament and the Council have just adopted the long-awaited Directive on the protection of trade secrets.

Article  -  27.05.2016

Takeover of Bus Service did not constitute a transfer of an undertaking

By judgment of 24 May 2016, the Supreme Court found that the Danish Act on Transfer of Undertakings were not applicable in connection with the transfer of a bus service to a new operator, as no significant physical elements - in this case busses - were transferred. This applied even though both the new and the former operator were leasing their busses and therefore did not transfer them.

Article  -  26.05.2016

The right to change preselected entities in open tendering

By a judgment of 24 May 2016 in the MT Højgaard/Züblin case (Case C-369/14), the Court of Justice of the European Union has pronounced on the possibilities of changing the identity or the composition of a preselected entity during an award procedure. The case was a result of E. Pihl & Søn A/S' bankruptcy in August 2013 which raised the question of whether Banedanmark (a Danish company responsible for the railroad network in Denmark) and a number of other public employers could legally let Pihl's former consortium partners continue without Pihl.

Article  -  24.05.2016

The European data protection agencies give personal data agreement with the US the thumbs down

The EU-US Privacy Shield on the transfer of personal data between the EU and the US is not safe enough. This is the opinion of the European data protection agencies.

Article  -  23.05.2016

Novartis is successful in revocation action

The Danish Maritime and Commercial High Court recently found for Novartis in a case in which Orifarm Generics had claimed revocation of a preliminary injunction due to a subsequent event.

Highlight  -  20.05.2016

Advice on the new data protection rules

The EU has set the final date for the coming into force of the Data Protection Regulation. The two-year implementation period means that Danish businesses and authorities will have until 25 May 2018 to cross the finishing line and comply with the many new and stricter data protection rules. Plesner advises on how best to tackle the task.

Article  -  17.05.2016

Fines imposed on franchisor and franchisees for price collusions involving milking robots

Together with its three Danish franchisees, the Lely centres, Lely Nordic, which is a franchise for the sales of milking robots for the agricultural sector, has accepted to pay fines totalling DKK 1 million for having coordinated prices and shared markets in violation of the competition rules.

Article  -  11.05.2016

Difficult to obtain decisions of general public importance

Two judgments delivered by the Danish Supreme Court show that it is difficult to make decisions of general public importance in the area covered by the Danish Marketing Practices Act.

Article  -  10.05.2016

New Guidelines on Gender Distribution on Boards of Directors

The Danish Business Authority has issued new guidelines on target figures and policies for the gender composition of boards of directors.

Article  -  10.05.2016

Conclude agreements on rights to designs

Two judgments on the right to furniture designs emphasise the importance of having entered into clear agreements before establishing a collaboration between a designer and a manufacturer on the exploitation of designs.

Article  -  04.05.2016

Dismissal of a childminder with a disabled child was reasonably justified

It was objectively and reasonably justified to dismiss a childminder employed by a municipality in that the dismissal was based on the employee's prolonged absence and not due to the disability of her son. The question whether indirect discrimination by association with a disabled child is covered by the provisions of the Danish Act on Prohibition against Discrimination on the Labour Market was not decisive for the outcome of the case and consequently there was no reason for a preliminary reference to the European Court of Justice. Judgment of the Danish Supreme Court of 27 April 2016.

Article  -  29.04.2016

Computer programmer's disloyal conduct

It was justified to summarily dismiss an employee due to the fact that he had performed work for other companies without prior approval from his own employer. The employee had thus neglected his loyalty duty and the fact that the employer was not aware of the full extent of the work performed by the employee until after the summary dismissal could not lead to another result. Moreover, the employer was awarded compensation due to the employee's negligence. - Judgment of 12 April 2016 from the Danish Western High Court.

Article  -  27.04.2016

ESMA adds credit derivatives to its public register on EMIR

The European Securities and Markets Authority (ESMA) has published an update of its Public Register for the Clearing Obligation.

Update  -  21.04.2016

EU law is directly applicable between private parties

The European Court of Justice has established that EU law is directly applicable between private parties and thus paves the way for claims for back-pay of severance allowances.

Article  -  21.04.2016

Consortium collaboration in conflict with the Danish Competition Act

In a ruling of 11 April 2016, the Danish Competition Appeals Board upheld that LKF Vejmarkering A/S and Eurostar Danmark A/S' consortium collaboration in connection with the Danish Road Directorate's tender for road markings was in conflict with the Danish Competition Act.

Article  -  20.04.2016

Renunciation of Collective Bargaining Agreement

Collective bargaining agreement could be renounced in connection with the transfer of an undertaking within the same group. Judgment of 7 April 2016 from the Danish Industrial Court.

Article  -  19.04.2016

New EU rules on personal data finally adopted

The new rules on personal data have just been finally adopted by the EU. The rules will have major consequences for Danish businesses and authorities that in future will have to comply with more rigorous requirements applying to the handling of personal data.

Article  -  15.04.2016

New agricultural legislative package announced

On December 22 2015 the Danish government and its supporting political parties agreed to put forward a new legislative package on foodstuffs and agriculture. Attorney-at-Law and Plesner Partner Søren Stenderup Jensen is the author of an article on the topic in the most recent issue of International Law Office (ILO) - Environment & Climate Change.

Article  -  14.04.2016

Disabled employee was not entitled to a part-time position

The issue involved whether or not a municipality, in connection with the dismissal of a disabled employee, had observed its adaptation obligation in accordance with Section 2a of the Danish Anti-Discrimination Act. What does it take to meet this obligation, and could it lead to another result if the employee after the dismissal had obtained a part-time position in another municipality? In a judgment of 13 April 2016, the Danish Supreme Court ruled in favour of the municipality.

Article  -  13.04.2016

New Danish marketing law association

Eleven of Denmark's leading marketing law experts have formed the Danish association "Dansk Forening for Markedsføringsret" (in English: the Danish marketing law association). The first event will be held on 3 May and the subject is hidden advertising.

Article  -  12.04.2016

An employer's adaptation obligation under the Danish Anti-Discrimination Act

On 24 February 2016, the Danish Board of Equal Treatment decided on two cases regarding the issue of whether an employer had met its adaptation obligation in connection with disabled employees. In the first case, the employer was ordered to pay compensation, but in the second case, the Board decided in favour of the employer. But why?

Article  -  11.04.2016

Obesity is not a disability

The judgment in the obesity case - which has caused quite a stir both in Denmark and the rest of the world - has finally been delivered.

Article  -  05.04.2016

Holiday allowance for employees who are paid on a commission basis

An employee had received sufficient compensation for lack of opportunity for commission earnings whilst on holiday. Judgment of 31 March 2016 from the Danish Supreme Court.

Article  -  04.04.2016

Bill to reintroduce tax-privileged equity compensation tabled

The Danish Minister for Taxation has just tabled a bill to reintroduce tax-privileged equity compensation.

Article  -  31.03.2016

Staff Manual - an integral part of the Employment Contract?

This question was addressed by the Danish Board of Equal Treatment in its decision of 3 March 2016. The Board found that a provision in the staff manual - stipulating the termination of the employment relationship when the employee had reached the age of 70 - could not, as a matter of course, be considered to form part of the specific employment relationship. Therefore, the termination of the employment pursuant to this provision was deemed to be in contravention of the Danish Act on Prohibition against Discrimination in respect of Employment. The fact that no complaint was filed until three years after the termination of employment was not regarded as acquiescence resulting in the forfeiture of claims.

Article  -  30.03.2016

Contracting entity not liable for expenses occurred in connection with the dismissal of two employees

By judgment of 23 March 2016, the Danish Eastern High Court found that a contracting entity could not be regarded as transferee in the sense of the Danish Act on Transfer of Undertakings. Therefore, the contracting entity was not obligated to take over two employees who had been dismissed as a result of the tender. Furthermore, the High Court found that according to the tender documents there was no basis for an expanded obligation to take over employees to a larger extent than stipulated by the Danish Act on Transfer of Undertakings and that the contracting entity could not be held liable towards the previous supplier. As a result of the dismissal of this claim, there was no basis for ruling in favour of a claim that the contract with the new supplier should be declared of no effect. Therefore, the Court found for the contracting entity, who was represented by Plesner.

Article  -  30.03.2016

Summary dismissal due to unauthorised use of company mobile phone

According to the Danish Supreme Court's judgment of 17 March 2016, an employer's summary dismissal of an employee was justified due to the employee's use of his company mobile phone for the purchase of train tickets by means of an app, after which the expense was paid over the phone bill.

Article  -  21.03.2016

New guidelines - evaluation models in public procurement

On 11 March 2016, the Danish Competition and Consumer Authority issued guidelines for the use and planning of evaluation models in public procurement.

Article  -  11.03.2016

The Market Abuse Regulation - the most important amendments for issuers

This summer issuers of listed securities will be subject to amended rules. From July 2016 a number of central, Danish stock market rules will be replaced by the new Market Abuse Regulation (MAR) that will apply to the entire EU. Plesner has drawn up a list of the most important amendments for Danish issuers. At the same time, we will launch a feature site about the Market Abuse Regulation.

Article  -  11.03.2016

New standards on margin requirements for non-centrally cleared OTC derivatives

ESAs has published the final draft technical standards on margin requirements for non-centrally cleared OTC derivatives.

Update  -  09.03.2016

New EU rules on central clearing for certain credit derivative contracts

The European Commission has adopted a new set of rules that requires certain over-the-counter (OTC) credit derivative contracts to be cleared through central counterparties (CCPs). Mandatory central clearing is a vital part of the response to the financial crisis; it follows commitments made by world leaders at the G-20 Pittsburgh Summit in 2009 to improve transparency and mitigate risks.

Update  -  07.03.2016

Personal data - EU-US Privacy Shield draws nearer

The replacement for the Safe Harbor scheme applying to the transfer of personal data between the EU and the US moves a decisive step closer. The EU and the US have both published the documents that are to form the basis for the new EU-US Privacy Shield. The framework is expected to be finally adopted in June 2016.

Article  -  03.03.2016

Danish Public Prosecutor seizes 423 fake websites

The Danish Public Prosecutor seizes 423 websites in the biggest action of its kind so far.

Article  -  02.03.2016

Temporary employees were not comprised by user company's collective bargaining agreement

Temporary employees hired through temporary employment agencies were not comprised by a user company's collective bargaining agreement. This was established by an arbitration award of 17 February 2016 in the matter between the Danish Union of Electricians and the Confederation of Danish Industry. Consequently, the rule of presumption, which was created in connection with the Bravida-judgment, has been further modified to the effect that temporary employees will not be comprised by the collective bargaining agreement of the user company.

Article  -  26.02.2016

It is not allowed to accept a non-salaried assignment on the board of directors in a competing company

According to judgment of 5 February 2016 from the Danish Western High Court, an employer's summary dismissal was justified in consequence of the employee's non-salaried assignment on the board of directors in a competing company.

Article  -  24.02.2016

New rules – random checks of estates in bankruptcy

On 12 February 2016 the Danish Ministry of Justice passed the Executive Order on Supervision of estates in bankruptcy.

Article  -  23.02.2016

Municipalities and utility companies cooperate to tackle flooding

Municipalities and utility companies in Denmark are cooperating in a number of areas to tackle the increasing problems due to flooding caused by heavy rain. Attorney-at-Law and Plesner Partner Søren Stenderup Jensen is the author of an article on the topic in the most recent issue of International Law Office (ILO) - Environment & Climate Change.

Article  -  23.02.2016

Differences in Social Security Schemes in European Countries

The World Service Group has just published a report on the legislation regarding social security schemes for directors in various European countries. The report describes the individual countries' legislation in the area and also comments on the EU legislation.

Article  -  23.02.2016

New EU trademark rules - six months to expand lists of goods

The new EU Trademark Regulation becomes effective on 23 March 2016. A special feature of the rules is that it will be possible to expand the list of goods for up to six months in respect of some EU trademark registrations.

Article  -  12.02.2016

Five important changes in the new EU trademark rules

On 15 December 2015 the EU Parliament adopted a significant reform of EU trademark rules. Both a new Trademark Regulation and a new Trademark Directive were adopted. The Trademark Regulation comes into force already on 23 March 2016.

Article  -  10.02.2016

How to get a grip on cloud computing

The Association of Danish IT Attorneys and Dansk IT (a Danish IT association) publish the second edition of the cloud computing guidelines. The guidelines contain good advice on legal, commercial and technical issues in cloud computing contracts. Certified IT Attorney Niels Chr. Ellegaard from Plesner is the Association of Danish IT Attorneys' representative in the group of authors.

Article  -  09.02.2016

European data protection agencies sceptical of new personal data agreement

The new political agreement on the transfer of personal data between the United States and the EU gives the European data protection agencies cause for concern. The joint group of data protection agencies have set out four fundamental principles determining whether the United States or other countries outside the EU adequately protect individuals vis-à-vis the authorities.

Article  -  08.02.2016

The Danish Supreme Court: Arbitral awards are binding

Danish courts cannot review the correctness of arbitral awards. This was confirmed by the Danish Supreme Court in a judgment of 28 January 2016.

Article  -  05.02.2016

Personal data - new agreement on Safe Harbor in the pipeline

On 2 February 2016 the EU and the United States entered into a new political agreement on the transfer of personal data between the United States and the EU. The previous scheme - the Safe Harbor scheme - was found invalid by the Court of Justice of the European Union in the autumn of 2015. The agreement paves the way for a new version of the Safe Harbor scheme which will be known as the EU-US Privacy Shield.

Article  -  05.02.2016

New maintenance schedule guidelines for rental properties

A number of new rules in the Danish law of landlord and tenant came into force on 1 July 2015, including the rules for drawing up a so-called rolling 10-year maintenance schedule. The Danish Ministry of Immigration, Integration and Housing has just published guidelines and a statutory order specifying the detailed maintenance schedule rules. Landlords should note that the maintenance schedule is to be drawn up before 1 July 2016.

Article  -  03.02.2016

Bill to reintroduce tax-privileged equity compensation going out for consultation

Until November 2011 employer companies were able to pay employees share-based salaries with significant tax privileges. On 2 February 2016 the Danish Ministry of Taxation arranged for a bill for the reintroduction of the previous rules to go out for consultation. If the bill is adopted in its current form, it must be expected, given the popularity of the previous rules, that it will be of great practical importance. According to the bill, the rules will only come into effect in respect of agreements on equity compensation entered into on 1 July 2016 or later.

Article  -  03.02.2016

A bankruptcy trustee's responsibilities

Pernille Bigaard, Plesner Attorney and Chairman of Foreningen for Danske Insolvensadvokater (an association of Danish insolvency lawyers), and Victoria Grevit Eriksen, Plesner Attorney, have written an article about a bankruptcy trustee's responsibility in the most recent edition of the Danish journal "Erhvervsjuridisk Tidsskrift".

Article  -  02.02.2016

Latest News on European Employment Law

The European Employment Law Update 2016 from the World Service Group has just been published and provide an overall view of the latest news within European labour and employment law.

Article  -  02.02.2016

AdWords - manager held personally and jointly liable

The Danish Maritime and Commercial High Court in Copenhagen recently passed a judgment in respect of the use of trademarks on Google AdWords and in this connection the court held the manager of the infringing company personally liable.

Article  -  01.02.2016

The Danish Ports Act should be amended

An up-to-date Ports Act is crucial in order for Danish ports to be able to operate optimally as infrastructure hubs in competitive maritime and overland transport. If the Danish Ports Act is still to be a good framework for the organisation and operation of ports, a number of adjustments are required. This is the conclusion reached by Niklas Korsgaard, Attorney-at-Law and Plesner Partner, who has just published a feature article about the subject.

Article  -  01.02.2016

Takeda judgment - borrowing costs subject to new tax treatment

In autumn 2015 the Danish Supreme Court gave judgment in favour of Takeda A/S in a case about the right to deduct costs in terms of tax in connection with the issue of corporate bonds. The judgment is of great general public importance as it provides new indicators about the general tax treatment of borrowing costs and at the same time ensures that the costs relating to bond issues and transaction loans receive the same tax treatment. In the light of the judgment and two other recent judgments passed by the Danish Supreme Court Svend Erik Holm, Attorney-at-Law and Plesner Partner, and Jef Nymand Hounsgaard, Attorney-at-Law, write about the subject in the latest edition of the Danish tax journal "Tidsskrift for skatter og afgifter" (TfS).

Article  -  25.01.2016

The Danish Consumer Ombudsman reports manufacturer of toothpaste for hidden advertising

The Danish Consumer Ombudsman has reported Unilever to the police for violating the prohibition against hidden advertising in the Danish Marketing Practices Act after it advertised Pepsodent toothpaste on a female singer's Instagram profile according to an oral arrangement with the singer.

Article  -  21.01.2016

Data localisation - in Russia email addresses are not considered personal data

Due to a recent inquiry about the interpretation of the concept of "personal data" under Russian law, the Russian authorities have stated that email addresses are not considered personal data. It means that if a company is only in possession of a person's email address and no other information relating to a person (for example a name), the company may use the email address without having to observe Russian data protection law.

Article  -  04.01.2016

Does the Directive on Collective Redundancies also comprise Temporary Staff?

The European Court of Justice: Temporary staff must be in included in the assessment of whether the provisions of the Directive on Collective Redundancies are applicable. The Directive on Collective Redundancies also encompasses temporary staff members as they are considered to be part of the employees who are "normally" working in the undertaking. This was established by the European Court of Justice.

Article  -  22.12.2015

New and stricter transfer pricing documentation requirements has been adopted

As a part of Bill No 46, which was finally adopted by the Danish Parliament on 18 December 2015, the Danish Parliament has now adopted the first part of the stricter transfer pricing documentation requirements recommended in the OECD BEPS Action Plan 13.

Article  -  21.12.2015

Modernisation of EU state aid rules makes it easier for entrepreneurs to get state aid

For the last couple of years, the European Commission has extensively modernised the EU state aid rules and the result is that the Member States are increasingly exempt from reporting support measures before the aid is paid to the undertakings.

Article  -  18.12.2015

Agreement on the Data Protection Regulation - get your house in order

On 15 December 2015, after almost four years of negotiations, hundreds of meetings, amendments and compromises, political agreement was reached in the EU on the wording of the Data Protection Regulation.

Article  -  16.12.2015

Not dismissed due to age

The Danish Supreme Court changed the decision of the Danish Board of Equal Treatment. It was not discriminating to dismiss two employees aged respectively 55 and 58 years. Judgment of 14 December 2015 from the Danish Supreme Court.

Article  -  16.12.2015

Dismissed shortly after having informed about his wife's pregnancy

Dismissal of an employee was in contravention of the Danish Act on Equal Treatment of Men and Women as regards Access to Employment and Maternity Leave because the employee had shortly before informed that his wife was pregnant.

Article  -  15.12.2015

Termination of Local Agreement by Divested Company

A divested company was entitled to terminate two local agreements - according to the decision of 2 December 2015 from the Danish Labour Court.

Article  -  13.12.2015

The Court of Justice of the European Union disregards the Danish VAT Act

By a new judgment about real estate investment companies the Court of Justice of the European Union once again sets aside Danish VAT practice. The judgment indicates a possibility of repayment of unduly levied VAT as well as savings in future.

Article  -  11.12.2015

Danish Act on Restrictive Employment Covenants now adopted

The bill on restrictive employment covenants that was introduced by the Danish Ministry of Employment on 7 October 2015 has been read and adopted by the Danish Parliament on 10 December 2015.

Article  -  11.12.2015

Safe Harbor - companies should change to EU standard contracts

The ruling of the Court of Justice of the European Union ("ECJ") on the Safe Harbor privacy principles has created uncertainty about how companies are to proceed in respect of the transfer of personal data to the United States. Plesner recommends that companies enter into agreements based on the EU Commission's standard contracts. As far as companies having activities in several Nordic countries are concerned we have together with our Nordic colleagues prepared an overview of the various procedures in Denmark, Sweden, Norway and Finland.

Article  -  10.12.2015

Involvement in another company - a reason for summary dismissal?

An employee's involvement in another company did not constitute a reason for summary dismissal but was a justified reason for terminating the employment relationship. Judgment of 30 October 2015 from the Danish Eastern High Court.

Article  -  08.12.2015

Remember to update employment contracts

On 18 December 2014, the Danish Parliament passed a decision to repeal the 70-year rule set forth in the Danish Act on Prohibition against Discrimination in respect of Employment. As from the entry into force of this amendment on 1 January 2016, it will no longer be possible to maintain individual agreements on automatic termination of the employment relationship due to the employee having reached the age of 70.

Article  -  04.12.2015

New market abuse regime

On 3 July 2016 the new Market Abuse Regulation will come into force. The Regulation will have a direct effect on all Member States and in Denmark it will replace the current regulation of market abuse laid down in the Danish Securities Trading, etc Act.

Article  -  03.12.2015

Unlawful to copy an employer's data prior to termination of employment

It is against the law to copy an employer's documents prior to termination of employment. However, a prohibitory injunction in this respect was too far-reaching. Judgment of 6 November 2015 of the Danish Supreme Court.

Article  -  27.11.2015

The fight continues between the manufacturers of applied art and the UK counterfeits

Another chapter in the story of the Danish manufacturers of applied art versus the UK sellers of counterfeit furniture was written on 17 November 2015.

Article  -  26.11.2015

Guidelines for repayment of illegally imposed tax

The Danish Customs and Tax Administration (SKAT) has just published new guidelines for the repayment of illegally imposed tax. The guidelines are a result of a successful tax case brought before the Court of Justice of the European Union by Danfoss with assistance from Plesner.

Article  -  26.11.2015

The Danish Ministry of Taxation and the ECJ may end up in a new VAT dispute

The Danish Customs and Tax Administration (SKAT) has just published new guidelines on administrative services to unit trusts and pension funds being exempt from VAT. The Danish Ministry of Taxation suggests a more restrictive VAT practice than the one that can immediately be deduced from a EU judgment about the case. It is doubtful whether the ECJ will agree with the Danish Ministry of Taxation's construction of its decision.

Article  -  26.11.2015

Increase in out-of-court restructuring proceedings

At the moment we see a clear trend that banks and principal creditors wish to solve their commitments with distressed undertakings by means of out-of-court restructuring proceedings. The financial challenges are handled out of court by agreements between the undertaking and the creditors. This is the assessment made by Ulrik Holsted-Sandgreen who is an attorney and partner in Plesner’s Insolvency and restructuring team.

Article  -  25.11.2015

The discussions about the Data Protection Regulation

As is known, the Data Protection Regulation negotiations are reaching their final stage. The big questions right now are how the more central hurdles will be handled and whether the negotiations will be concluded before the end of 2015.

Update  -  24.11.2015

Change of practice: full deduction of VAT for holding companies

Up till now there has only been a limited right to deduct VAT on advisor costs paid in connection with the acquisition of shares in subsidiaries. The Danish Customs and Tax Administration (SKAT) is now changing its practice on the basis of a new EU judgment with the result that it will be possible to fully deduct such costs. The new practice applies to any future advisor costs and also to advisor costs paid in the past ten years. Plesner can assist you with the request for the repayment of VAT that has not previously been deducted.

Article  -  24.11.2015

The continuation school that terminated the teachers' tenancies

It was an abuse of managerial authority to use the termination of individual service tenancy agreements as means of exerting pressure to enforce a local agreement - according to judgment from the Danish Labour Court of 10 November 2015.

Article  -  23.11.2015

New securities law rules on the duty of notification, financial reporting and publication of sanctions

As a consequence of the adopted amendments to the Danish Securities Trading, etc Act, which entered into force on 26 November 2015, revised versions of the Danish Executive Order on the Duty of Notification in respect of Major Shareholders (Danish: Storaktionærbekendtgørelsen) and the Danish Executive Order on Issuers' Duty to Provide Information (Danish: bekendtgørelsen om udstederes oplysningsforpligtelser) have been published. Nasdaq Copenhagen's rules for issuers of quoted shares have also been amended as a consequence of the amendments to the Danish Securities Trading, etc Act.

Article  -  23.11.2015

New building regulations tighten energy requirements

The new building regulations (BR15) implementing parts of an EU directive about energy efficiency are expected to come into force on 1 January 2016. BR15 include a number of tightened energy requirements for buildings but also a number of formalities will be changed, including digital self-service requirements.

Article  -  23.11.2015

Tight rules on sulphur emission from ships reduce pollution

Initial Danish results show that tighter rules on sulphur emission from ships have resulted in a significant reduction in sulphur rates in Danish air.  Attorney-at-Law and Plesner Partner Søren Stenderup Jensen is the author of an article on the topic in the most recent issue of International Law Office (ILO) - Environmental & Climate Change.

Article  -  20.11.2015

The legal position of consumers in respect of purchases from providers when the supplier goes bankrupt

On 18 November 2015 the Danish Eastern High Court made a decision in the case between the Danish Consumer Ombudsman acting for a consumer and Den Danske Rejsegruppe filial af Svenska Resegruppen AB that owns the website GoLeif.dk.

Article  -  20.11.2015

The Danish Finance Act: The possibility of "tax-free" share-based remuneration will be reintroduced in 2016

Today, the Danish government and its supporting parties in the Danish Parliament have - as part of the agreement on the Danish Finance Act - agreed to reintroduce the possibility for companies to grant their employees share-based remuneration without being taxed as salary. In future, employees will not have to pay tax until they sell the shares and in that case as equity income and not as salary, which means a lower taxation. Thus, companies will again be able to offer their employees individual share-based remuneration schemes with considerable tax advantages.

Article  -  19.11.2015

The Finance Act: Better tax conditions for estate planning in respect of businesses

As part of the Danish Finance Act (the National Budget) the Danish Government, the Danish People's Party, Liberal Alliance and the Danish Conservative Party agreed on a gradual reduction of the tax payable in relation to tax planning in respect of businesses from 15% to an expected 5% in 2020. At the same time the parties have agreed to introduce a possibility of transferring businesses to foundations with tax succession against payment of a tax equal to estate tax and gift tax in relation to family.

Article  -  19.11.2015

Age-graduated pension contributions not discriminating

Age-graduated pension schemes are not in contravention of the Danish Act on Prohibition against Discrimination on the Labour Market - according to judgment of 12 November 2015 from the Danish Supreme Court.

Article  -  18.11.2015

Three bills to govern capital markets out for consultation

The object of the three bills is to implement MiFID II, provisions similar to a directive in MiFIR and MAR (the Market Abuse Regulation).

Update  -  17.11.2015

The European Commission determines regulatory regimes

The European Commission determines that five countries (Canada, Switzerland, South Africa, Mexico and the Republic of Korea) have the equivalent regulatory regimes for central counterparties as the European Union.

Update  -  13.11.2015

The Danish Supreme Court lifts injunction that was too broad

On 6 November 2015 the Danish Supreme Court upheld a judgment by the High Court which ruled that an injunction issued to protect a company's business secrets was too broad and it was consequently lifted as it was found that it had not been lawfully issued.

Article  -  13.11.2015

ESMA issues final report on RTS and ITS

ESMA issues Final Report on the Review of the Regulatory and Implementing Technical Standards on reporting under Article 9 of EMIR.

Update  -  13.11.2015

Law on international safety regulations in aircraft equipment

Statutory Order on the coming into force of the Danish Act on International Security Interests in matters specific to aircraft equipment.

Update  -  13.11.2015

EBA publishes benchmarking report on the use of higher ratios for variable remuneration

The European Banking Authority (EBA) published today a report benchmarking the institutions' remuneration practices concerning the use of the possibility to increase the maximum ratio between variable and fixed remuneration up to 200%.

Update  -  12.11.2015

Use of IT in litigation and arbitration in Denmark

The American Lawyer is a monthly magazine with a global readership running into six figures. Attorney-at-Law and Plesner Partner Frants Dalgaard-Knudsen has published an article about the use of IT solutions in Danish litigation and arbitration increasing efficiency, availability and the quality and reducing the costs for all parties.

Article  -  11.11.2015

The Danish Ministry of Taxation rejects criticism of tax rules on investment funds

The Danish tax rules on investment funds have been heavily criticised for preventing foreign funds' access to the Danish market and deterring non-Danish investors from investing in Danish investment funds. A new analysis from the Ministry of Taxation rejects the criticism.

Article  -  10.11.2015

When are health apps medical devices?

In new guidelines the Danish Medicines Agency has provided a detailed account of when a health app is a medical device and as a consequence must fulfil the statutory requirements applying to medical devices, including risk classification and CE marking.

Article  -  09.11.2015

Bill on Restrictive Employment Covenants

As was expected after the Danish Government had announced its legislative programme for 2015/2016, the bill on a new act on restrictive employment covenants has now been resubmitted to the Danish Parliament.

Article  -  02.11.2015

The new canteen

A change of supplier did not constitute a transfer of an undertaking - according to judgment from the Danish Supreme Court of 28 October 2015.

Article  -  30.10.2015

New EU court case approves bitcoins

The European Court of Justice has recently decided that the exchange of the virtual currency bitcoin is exempt from VAT. Thereby, an important step may have been taken to approve bitcoins as real means of payment in line with other kinds of currencies.

Article  -  29.10.2015

Consultation of government order on financiel reports for Danish UCITS

The Danish FSA has carried out a change in the government order on financiel reports for Investment trusts etc. The government order has changed the title to Government order on Financiel Reports for Danish UCITS, which reflects the scope of application.

Article  -  29.10.2015

Improved transparency of certain financial transactions

European Parliament adopts Commission proposal to improve transparency of certain financial transactions in the shadow banking sector.

Update  -  29.10.2015

New limited substitution rules for medicinal products protected by second medical use patents

On the basis of the ruling by the Danish Maritime and Commercial High Court of 25 June 2015 in the Lyrica case the Danish Health Authority has now presented a proposal to change the substi-tution rules with the result that in future they will take into account the patent protection of certain indications in connection with the pharmacies' dispensing of medicinal products.

Article  -  28.10.2015

Dismissal due to pregnancy or lack of co-operation?

The employer was not aware of the employee's pregnancy when notice of termination was served - according to the judgment of 15 October 2015 from the Danish Eastern High Court.

Article  -  27.10.2015

EBA Consultation on processing of Confidential Information

Guidelines on the provision of information in summary or collective form for the purposes of Article 84(3) of Directive 2014/59/EU.

Update  -  27.10.2015

The manager who adjusted his own salary

A manager was ordered to repay fraudulent withdrawals from the company's account for private use and unjustified adjustments of salary and bonuses - according to judgment from the Danish City Court of Viborg of 22 October 2015.

Article  -  26.10.2015

Capinordic Bank - judgment concerning management liability

Judgment has just been passed in a case concerning management liability in connection with the bankruptcy of Capinordic Bank A/S. Attorney and Plesner Partner Peter Bang, who has conducted several cases concerning management liability and accountants' liability before the Danish High Court as well as the Danish Supreme Court, summarises the judgment.

Article  -  09.10.2015

Reintroduction of Bill to amend the Danish Public Procurement Act

On 7 October 2015 the Danish Minister for Business and Growth reintroduced a Bill to amend the Danish Public Procurement Act that was scheduled to enter into force on 1 January 2016. For the next couple of months Plesner will follow the events closely.

Article  -  08.10.2015

Consequences of the ECJ Safe Harbor ruling

What are the consequences of the ECJ Safe Harbor ruling for Danish undertakings and authorities? Attorney and Plesner Partner Michael Hopp presents the most important issues.

Article  -  08.10.2015

How to avoid three outsourcing pitfalls

What makes outsourcing successful? Attorney and Plesner Partner Jacob Christensen and Attorney and Plesner Partner Niels Chr. Ellegaard ask this question in the Danish newspaper Børsen.

Article  -  07.10.2015

CRD IV/CRR - Opinion of the European Banking Authority on Mortgage Lending Value (MLV)

Update  -  05.10.2015

CRD IV/CRR - Kommissionens securitisations initiativ vedtog den 30. september 2015 en pakke med to lovforslag

Update  -  30.09.2015

ESMA readies MiFID II, MAR, and CSDR

Update  -  28.09.2015

UCITS - Draft Implementing Technical Standards on penalties and measures under Directive 2009/65/EC (UCITS Directive)

Update  -  18.09.2015

End to shale gas test drilling in Northern Jutland

Attorney-at-Law and partner Søren Stenderup Jensen is the author of an article in the most recent issue of International Law Office (ILO) - Environmental & Climate Change. The article is about Total's and Nordsøfonden's test drilling for shale gas in Northern Jutland.

Article  -  02.09.2015

Ryanair's Encounter with the Danish Labour Market Model

This summer, Ryanair lost the encounter with the Danish labour market model after having refused to negotiate a collective bargaining agreement on working and salary conditions for the crew members (pilots and cabin crew) based in Denmark. The Danish model provides Danish labour unions with extensive rights to initiate industrial actions in favour of the conclusion of a collective bargaining agreement - like for instance a blockade (with the purpose to prevent Ryanair from hiring organised labour while the principal dispute between Ryanair and the labour union is pending) and a sympathy action (with the purpose, in support of the principal dispute, to preclude Ryanair from accessory services like baggage handling, fuel supplies, etc.). The Danish model is based on the fact that working and salary conditions on the Danish labour market are determined by collective agreements concluded between the labour market parties.

Article  -  31.08.2015

Employment Contract stipulating a Reduced Term of Notice for Main Holiday

According to the judgement of 7 August 2015 from the Danish Supreme Court, it was acceptable to make an agreement in an employment contract on a deviation from the provisions laid down in Section 16 (1) of the Danish Holiday Act.

Article  -  31.08.2015

Plesner authors Danish chapter in "The Projects and Construction Review"

Peter Wengler-Jørgensen, Attorney-at-Law and Partner, Maygan Mike Lundgaarde, Senior Attorney and Daniel Hedegaard Nielsen, Attorney-at-Law, have authored the Danish chapter in the recently published 5th edition of "The Projects and Construction Review" in The Law Reviews series published by The Law Business Research.

Article  -  20.08.2015

Opinion of the European Banking Authority on Mortgage Lending Value (MLV)

Article  -  06.08.2015

Bankruptcy-related disqualification for three years despite small body of creditors

A former manager of a bankrupt company has been imposed bankruptcy-related disqualification for three years by the Danish Maritime and Commercial High Court. The new ruling shows that also in cases with a relatively small body of creditors (of approximately DKK 80,000) bankruptcy-related disqualification can be imposed if the Court finds that the conduct has been grossly irresponsible. Plesner acted as the trustee of the estate.

Article  -  05.08.2015

The Danish Chief Public Prosecutor has updated its notice on legal persons' criminal liability

On 17 April 2015 the Danish Chief Public Prosecutor updated its notice on legal persons' criminal liability which covers, among other things, the choice of the person to be charged in cases involving violations of special legislation.  

Article  -  07.07.2015

Former chief executive disqualified from managing a business for three years

In a case where Plesner acted as the trustee a former chief executive was disqualified from managing a business for three years.

Article  -  07.07.2015

"The large construction cartel" - fine notice to enterprises and senior employees

Recently, several enterprises and senior employees have agreed on fine notices for having been involved in unlawful price coordination in connection with invitations to submit tenders for construction work in the Copenhagen area.

Article  -  06.07.2015

Agreement on deposits on drink cans and bottles bought in German border shops

Attorney-at-Law and partner Søren Stenderup Jensen is the author of an article in the most recent issue of International Law Office (ILO) - Environmental & Climate Change. The article is about a new agreement between Germany and Denmark on deposits on drink cans and bottles bought in German border shops.

Article  -  06.07.2015

Consortium collaboration in conflict with the Danish Competition Act

In a decision of 24 June 2015 the Danish Competition Council established that LKF Vejmarkering A/S and Eurostar Danmark A/S' consortium collaboration in connection with the Danish Road Directorate's tender for road markings was in conflict with the Danish Competition Act.

Article  -  04.07.2015

Disloyal conduct led to justified dismissal

By a decision of 29 March 2015, an industrial arbitrationtribunal found that an employee was disloyal when he carried out work in his own name for one of the employer's customers - and to that end used the employer's premises.

Article  -  26.06.2015

Reporting to the register of loss of the Danish Customs and Tax Administration (SKAT) - deadline 1 September 2015

Article  -  26.06.2015

Is the management ready for the whistleblower?

The use of whistleblower programmes is increasing and it is an efficient method to get information about seriously damaging activities in a company. But it could cause problems if the management is not properly prepared for a whistleblower. 

Article  -  22.06.2015

Repayment of illegally imposed tax

In a case about tax on lubricating oil that Plesner conducted on behalf of Danfoss the Court of Justice of the European Union and the Danish Western High Court found that the company could claim the repayment of mineral oil tax that the Danish Ministry of Taxation had imposed in conflict with EU law. This was the result despite the fact that it was not Danfoss but the company's suppliers that had paid the tax in question to the Danish Customs and Tax Administration (SKAT). Now two years after the High Court passed its judgment the principles of the judgment have resulted in draft guidelines from the Danish Customs and Tax Administration (SKAT) on the repayment of illegally imposed tax.

Article  -  19.06.2015

New VAT practice for unit trusts

The VAT exemption applying to management services provided to unit trusts will now be extended to include management services provided to pension funds. A number of management services that so far have been deemed to be subject to VAT will now become exempt from VAT. This is the result of the so-called ATP judgment in the case that Plesner conducted before the Court of Justice of the European Union and of the two sets of guidelines that the Danish Customs and Tax Administration (SKAT) has arranged to be going out for consultation. Yet another relaxation may be on its way if the Court of Justice of the European Union follows the Advocate-General's recommendation in a case involving the management of a real estate investment trust. It will consequently be possible to apply for the repayment of significant VAT amounts for previous years.

Article  -  16.06.2015

New securities law rules on the duty of notification, financial reporting and publication of sanctions

The Danish Parliament has passed a Bill to amend the Danish Securities Trading, etc Act that enters into force on 26 November 2015.

Article  -  09.06.2015

Infringement of the copyright to a pho-tograph of the Danish politician Lars Løkke Rasmussen (chairman of Venstre - The Liberal Party of Denmark)

On 30 January 2015 the Danish Eastern High Court passed its judgment in a case about the Danish political party "Liberal Alliance's" use of a photograph of the Danish politician Lars Løkke Rasmussen in Liberal Alliance's political campaigns.

Article  -  04.06.2015

Jobindex successful in a leading case concerning an unlawful newspaper ad-vertisement

For the first time in Denmark, an unlawful newspaper advertisement has resulted in the party behind the advertisement being ordered to place a rectifying advertisement in the same media and in the same size. This ground-breaking outcome is the result of a settlement made in the Danish Maritime and Commercial High Court where Jobindex and Plesner have been successful in a leading case concerning a misleading newspaper advertisement placed by Jobzonen.

Article  -  04.06.2015

Very limited protection of descriptive trademarks

On 8 May 2015 the Danish Maritime and Com-mercial High Court passed a judgment in a trademark case between Evonik Degussa GmbH, the owner of the trademark PROCTECTOSIL and also one of the leading speciality chemical com-panies in the world, and Protectos A/S, a small Danish company specialising in impregnation and surface protection of brickwork and the re-moval of graffiti.

Article  -  04.06.2015

The Danish word "taxa" (in English: taxi) not subject to an exclusive right

On 9 April 2015 the Danish Maritime and Commercial High Court passed its judgment on whether the Danish taxi company TAXA 4x35 had an exclusive right to the Danish word "taxa" and, if so, whether Click A Taxi ApS had infringed such right.

Article  -  04.06.2015

The Danish DIY retailer Silvan fined DKK 100,000

Silvan has been fined DKK 100,000 for acting in conflict with the prohibition against using mis-leading and improper statements laid down in the Danish Marketing Practices Act.

Article  -  04.06.2015

Analysis: Tough line in decisions on bankruptcy-related disqualification

Decisions published since the relatively new rules on bankruptcy-related disqualification came into force on 1 January 2014 show that a relatively tough line is taken in respect of breaches of the law. In the majority of cases members of the managements of bankrupt businesses are disqualified from managing a business for three years. This is the conclusion made by Plesner's Insolvency and Restructuring team following an analysis of decisions published since the new rules came into force.

Article  -  29.05.2015

Important amendments to the Danish Rent Act in the pipeline

On 1 July 2015 a number of new provisions in the Danish Rent Act will come into force. Several amendments will be of material importance to landlords of residential tenancies and to all residential leases entered into after that date.

Article  -  28.05.2015

The Danish Bill on abolition of bearer shares etc has been passed

In order to implement some of the initiatives of the "tax haven package" in the business sector the Danish Parliament passed Bill No L 172 on 26 May 2015 to amend the Danish Companies Act, the Danish Consolidated Act on Certain Commercial Undertakings, the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism and the Danish Tax Control Act. The Bill was passed as introduced.

Article  -  28.05.2015

New Danish Public Procurement Act expected to be postponed

A bill to amend the new Danish Public Procurement Act was introduced in March and scheduled to enter into force on 1 October 2015 but is now expected to be postponed. Plesner's lawyers in the practice area follow developments.

Article  -  27.05.2015

How the board of directors ensures that the company's compliance procedures are adhered to

Boards of directors are increasingly focusing on compliance-related issues and on the risk of incurring directors' liability due to failure of the company's compliance procedures. Attorney and Plesner Partner Jacob Christensen writes about compliance and risk management viewed from the perspective of the board of directors in the weekly magazine Børsen Ledelse.

Article  -  22.05.2015

Article on major bankrupt estates with cross-border activities

Attorney-at-Law and partner Pernille Bigaard who is also the chairman of Foreningen for Danske Insolvensadvokater (an association of Danish insolvency lawyers), and attorney-at-law Victoria Grevit Eriksen have written an article entitled "Major bankrupt estates with cross-border activities - how to tackle such estates and the special challenges", ET.2015.167.

Article  -  21.05.2015

Amendments to Danish Environmental Legislation

Søren Stenderup Jensen, Attorney-at-Law, Partner is the author of an article in the latest issue of International Law Office (ILO) - Environmental & Climate Change. The article is about new legislation, the purpose of which is to make processing simpler for companies and authorities. 

Article  -  21.05.2015

New Act tightens sanctions for violations of the Danish Act on Posting of Workers

An amendment to the Danish Act on Posting of Workers has been adopted. The amendment increases the fines imposed in case of gross violations of the reporting duty to the Register for Foreign Service Providers ("RUT").

Article  -  30.04.2015

More Female Board Members required

The Danish Business Authority has issued new guidelines on target figures and policies with regard to gender compositionon boards of directors.

Article  -  30.04.2015

Settlement in the ATP case concerning VAT

Plesner conducted the case concerning services provided by ATP PensionService to pension funds being exempt from VAT. ATP PensionService and the Danish Customs and Tax Administration (SKAT) have now settled the case following the judgment passed by the ECJ in March 2014, which upheld ATP PensionService's claim that its services are exempt from VAT as they were services concerning payment transactions or as management of unit trusts.

The settlement entails that the Danish Customs and Tax Administration (SKAT) recognises that the services are exempt from VAT and repays an amount in the triple-digit million range to ATP PensionService. The company passes the amount on to the pension funds that actually paid the VAT amount.

The Danish Customs and Tax Administration (SKAT) is expected to arrange for the guidelines to go out for consultation shortly.

Article  -  20.04.2015

Auditors not liable in the MemoryCard case

The Danish Supreme Court recently found that the former auditors to MemoryCard Technology A/S were not liable in a lengthy case where the MemoryCard Technology A/S estate in bankruptcy had sued the auditors, claiming DKK 100 million in damages.

Article  -  16.04.2015

Tax and VAT in connection with guardianships

Tax specialists know that "commercial activities" in terms of tax and "independent economic activities" in terms of VAT are not the same. In spite of this fact, uncertainty can still arise.

Article  -  14.04.2015

Franchising is strongly regulated nationally

Despite many franchise businesses being international, no two countries have the same franchise rules. In the preface to the global report "The Franchise Law Review", which gives an overview of how franchising is regulated in 32 jurisdictions, it is written that: "As will be apparent from the chapters of this book, there continues to be no homogeneous approach to the regulation of franchising around the world".

Article  -  09.04.2015

Seminar on 23 June 2015: the General Data Protection Regulation: what is to be expected?

Article  -  06.04.2015

Draft EBA Guidelines on limits on exposures to shadow banking entities

Draft EBA Guidelines on limits on exposures to shadow banking entities which carry out banking activities outside a regulated framework under Article 395 para. 2 Regulation (EU) No. 575/2013

Update  -  19.03.2015

Easier Access for Highly Qualified Foreign Employees

The introduction of a fast-track scheme and the reduction of
the remuneration requirement in the applicable scheme for
researchers - key elements in the Danish government's reform
of international recruitment - have been adopted.

Article  -  27.02.2015

Illegal to prefer a man to a woman

"We are looking for a man... but Good Luck anyway". This
sentence on the answering machine cost an employer the
amount of DKK 25,000 in compensation to a female
applicant, according to a decision of the Danish Board of Equal
Treatment.

Article  -  27.02.2015

Train Ride at the Employer's Expense resulted in Summary Dismissal

In a judgment of 5 November 2014, the Danish Eastern High
Court found that a summary dismissal was justified, as the
employee - via his work mobile phone - had purchased private
train tickets at the employer's expense.

Article  -  27.02.2015

Updating of LinkedIn Profiles

Two former employees' updating of their LinkedIn profiles regarding future employment was not in contravention of their non-competition clauses. This was established by the Danish Western High Court in its judgment of 16 December 2014.

Article  -  27.02.2015

New Minimum Requirements on Data Security

The Danish Data Protection Agency has stipulated newminimum requirements on data security in connection withstaff administration. These minimum requirements areapplicable as from January 2015.

Article  -  27.02.2015

New Rules on Severance Allowances now in force

The bill on severance allowances payable to all salaried employees having attained a seniority of 12 years is now adopted.

Article  -  27.02.2015

MiFID II / MiFIR - ESMA supervision of Credit Rating Agencies and Trade Repositories

Article  -  16.02.2015

Questions and Answers Application of the AIFMD

Article  -  09.01.2015

The Public Register of Shareholders is ready for registrations

Article  -  23.12.2014

Introduction of the Public Register of Shareholders

Article  -  03.12.2014

Appealing against a decision made by the Danish Working Environment Authority - Is it worth the effort?

Lately, the Working Environment Authority (WEA) has received a lot of negative publicity in the media due to the problems with the quality of its decisions. The criticism addresses, inter alia, the fact that approximately 60 per cent of the WEA's decisions which the companies appealed against in 2013 were either amended by the Working Environment Appeals Board or rescinded after the WEA's reconsideration of the case. This tendency in the appeal cases is not new, but has existed for a number of years.

Article  -  28.11.2014

Environmental Board of Appeal goes digital

Article  -  29.10.2014

Compensation for wind turbine noise

Article  -  16.10.2014

Plesner authors Danish chapter in "The Projects and Construction Review"

Article  -  16.10.2014

Alcoholism was not a disability

By judgment of 13 June 2014, the Danish Eastern High Court found that alcoholism was not a disability and that the summary dismissal was justified.

Article  -  19.08.2014

The Advocate-General: Obesity may constitute a disability

According to the Advocate-General's opinion of 17 July 2014 on the decision of the European Court of Justice in the so-called "obesity case", severe obesity may constitute a disability in the sense of the Danish Anti-Discrimination Act.

Article  -  19.08.2014

Summary Dismissal for being seven minutes late for work

A summary dismissal of a salaried employee who was seven minutes late for work was justified according to the judgment of 27 May 2014 delivered by the City Court of Glostrup.

Article  -  30.06.2014

Updating of LinkedIn Profile deemed as breach of Non-Competition Clause

The City Court of Aarhus has established that two former employees' updating of their personal LinkedIn profiles while being subject to a non-competition clause was a breach of the clause.

Article  -  30.06.2014

Requirement from Temporary Employment Agency was subject to the Danish Act on Non-Hire Clauses

A temporary employment agency's requirement for prior consent to a user company's recruitment of a temporary agency worker was subject to the provisions of the Danish Act on Non-Hire Clauses requiring a written agreement with the temporary agency worker. This was the verdict of the Danish Western High Court in its judgment of 2 April 2014.

Article  -  28.05.2014

The "Bella Donna" floor now also available to men

Also men are now allowed to book a room on the "Bella Donna" floor - the design of hotel floors for women only is discriminatory. This was established by the Danish Eastern High Court by judgment of 25 April 2014.

Article  -  28.05.2014

Danish Supreme Court: Reclaim of Overpaid Amount in connection with the Repurchase of a Manager's Shares

An employer was entitled to reclaim an overpaid amount in connection with the repurchase of a manager's shares due to the fact that the manager had committed a material breach of contract. This was established by the Danish Supreme Court in its judgment of 28 April 2014.

Article  -  28.05.2014

New Danish legislation governing the construction of the Copenhagen metro

Article  -  22.05.2014

7th Licensing Round in the Danish part of the North Sea

Article  -  24.04.2014

Termination of Employment pursuant to the 120-day Rule

Termination of employment pursuant to the 120-day rule had to take place on the 121st day of illness and not on the 120th day of illness. This was the judgment of the Danish Western High Court on 30 January 2014.

Article  -  28.03.2014

Termination of Consultancy Agreement

Copying confidential emails to a private email account was not unlawful use of trade secrets, but the termination of the consultancy agreement was justified. This was established by the judgment of the Danish Eastern High Court on 27 January 2014.

Article  -  28.03.2014

Management services provided to pension funds are VAT exempt

Article  -  21.03.2014

Natural resources in Greenland and maritime transport in the Arctic

Denmark and Greenland may claim sovereignty over the seabed of the large area of 62,000 square kilometres between Greenland and the North Pole and exercise sovereign rights over the area for the purpose of  extracting its natural resources.

The increasing interest of the five Arctic coastal states (Canada, Russia, Norway, USA and Denmark) in the possibilities of obtaining sovereignty over the Arctic is not limited to the exploitation of its natural resources, but it is also a question of the jurisdiction over the new Arctic shipping routes that have become viable during recent years due to the increased melting of the polar ice caps. These new shipping routes can make the extraction of natural resources in the Arctic even more profitable.

Article  -  06.03.2014

Violation of the Danish Marketing Practices Act resulted in summary dismissal

The recruitment of a large number of employees who immediately before had worked for a competitor was in contravention of the Danish Marketing Practices Act. This was established by a judgment of the Danish Maritime and Commercial Court on 7 January 2014.

Article  -  28.02.2014

Article about the Danish Government's resource strategy

Article  -  27.02.2014

Cases on Section 2a of the Salaried Employees Act

Salaried employees must prove specifically that they have sought continuous employment in order not to be cut off from receiving severance allowance. This was established by two judgments of 17 January 2014 of the Danish Supreme Court.

Article  -  03.02.2014

Sales Consultant was not a Salaried Employee

By judgment of 6 January 2014, the Danish Eastern High Court found that a sales consultant did not have status as a salaried employee.

Article  -  03.02.2014

Advertising for student assistants was age discrimination

It was in contravention of the Danish Act on Prohibition against Discrimination in respect of Employment to advertise for "student assistants who would like to earn some money for a year or so before starting further education". This was established by the Danish Board of Equal Treatment by its decision of 13 December 2013.

Article  -  03.02.2014

Accommodation in Shared Rooms was not an Abuse of Managerial Authority

It was not an abuse of managerial authority that the overnight accommodation of employees in connection with a training course took place in shared rooms. This was established by judgment of the Danish Industrial Court on 14 November 2013.

Article  -  20.12.2013

Employee was entitled to Salary during Sickness Absence Period

An employee was entitled to salary during the sickness absence period following an eye operation. This was the conclusion of the industrial arbitration tribunal in its pronouncement issued on 29 October 2013.

Article  -  20.12.2013

Extention of the Rule on Reversed Burden of Proof

The rule on reversed burden of proof in the Danish Equal Treatment Act is to be extended to also protect an expecting father ahead of his paternity leave. This was established by judgment of 30 August 2013 by the Danish Eastern High Court.

Article  -  20.12.2013

Setting up business in Greenland

In order to conduct business in Greenland, local establishment and registration in the Greenlandic Business Register is required. This newsletter gives you the basic information regarding establishment of local Greenlandic subsidiaries and branches, including a description of the local domicile requirements for management, as well as basic information regarding residence and work permits.

Article  -  17.12.2013

Getting the Deal Through - Franchise

Article  -  02.12.2013

Unfair Dismissal of Nationalist Salesman

Co-workers' discomfort with employee of a specific political opinion could not justify the dismissal of the employee. This was established by the Danish Board of Equal Treatment by a decision of 4 September 2013.

Article  -  22.11.2013

Summary Dismissal

In three different judgments, the Danish Western High Court considers the justification of summary dismissals.

Article  -  22.11.2013

Age-graduated Pension Schemes do not conflict with EU Law

Age-graduated pension schemes are in compliance with EU Law. This was established by the European Court of Justice by judgment of 26 September 2013.

Article  -  23.10.2013

Employer was entitled to maintain Health Insurance despite amended Tax Rules

In its pronouncement of 17 September 2013, an industrial arbitration tribunal found that an employer was entitled to maintain a mandatory health insurance in spite of amended tax rules.

Article  -  23.10.2013

Age Condition may not exclude Redundancy Pay

By judgment of 26 September 2013, the European Court of Justice has established that it is contrary to the Employment Equality Directive to refuse to pay out redundancy pay in case of elimination of a job position for civil servants who have reached 65 years of age.

Article  -  23.10.2013

Clarification of the Rules on Gender Composition on the Board of Directors

A new bill introduced as part of the government's legislation programme entails a clarification - but not a change in practice - of how the threshold values of the rules on more women on the boards are to be applied in group structures.

Article  -  23.10.2013

The Large-Scale Projects Act

On 7 December 2012, the Greenlandic Parliament, Inatsisartut, passed a new bill on Large-Scale Projects. The bill has been heavily debated in both Greenland and Denmark as it allows foreign companies to contract foreign workers on collective agreements negotiated with trade unions outside Greenland.

The aim of the bill is to promote foreign investments in Greenland and to prevent and limit negative consequences to the Greenlandic society. The Act came into force on 1 January 2013.

Article  -  15.10.2013

What's in a word?

Article  -  26.09.2013

Tightened rules on the withholding of hiring-out of labour tax

Article  -  24.09.2013

GPS used to monitor an employee

By judgment of 5 July 2013, the Danish Industrial Court found that use of information from a GPS in a company car was contrary to an agreement on control measures.

Article  -  08.08.2013

Plesner contributes to the book "Governance - Legal Guidelines for International Management Practice"

Article  -  19.02.2013

News from Employment and Labour Law

Article  -  13.02.2013

New Executive Order on marketing of UCITS and non-UCITS in Denmark

Article  -  13.02.2013

New article on water plans and buffer strips

Article  -  13.11.2012

News from Employment and Labour Law

Article  -  11.10.2012

Insourcing and Outsourcing in a VAT Context

Article  -  02.10.2012

Article on new guidelines on low-frequency noise from wind turbines

Article  -  07.08.2012

News from Employment and Labour Law

Article  -  13.07.2012

New article on monster rain

Article  -  16.05.2012

News from Employment and Labour Law

Article  -  19.04.2012

The Eastern High Court ruling in the first "beneficial owner" case stands final

Article  -  14.02.2012

News from Employment and Labour Law

Article  -  09.01.2012

New article about damages for properties' loss of value due to the erection of wind turbines

Article  -  21.10.2011

New article about plans to introduce a ban against four dangerous phthalates

Article  -  11.07.2011

The great hypocrisy - a new article about the "beneficial owner" cases

Article  -  24.06.2011

Draft bill amending the Danish Medicines Act and a new Danish Access to Public Administration Files Act

The Danish Government has issued a new draft bill amending the Danish Medicines Act and a new Danish Access to Public Administration Files Act.

Article  -  14.01.2011

New judgement concerning utility models

Article  -  14.01.2011

Prompt action to stop infringement of H. Lundbeck A/S' pharmaceutical product Cipralex® affirmed by the High Court

The Danish High Court has affirmed that Teva Denmark A/S' distribution of Escitalopram "Teva" was solely to circumvent an injunction issued by the Enforcement Court in Elsinore against Pharma Changes ApS' distribution of the same pharmaceutical product.

Article  -  14.01.2011

The Collaboration Agreement terminated and the Danish Legal Board of Self-Regulation concerning Pharmaceuticals will be dissolved

The collaboration agreement concerning conditions for collaboration between doctors, pharmacists and pharmaceutical companies has been terminated and the Danish Legal Board of Self-Regulation will be dissolved and replaced by a new industry self regulation system.

Article  -  14.01.2011

Plesner Partner Michael Vilhelm Nielsen publishes article in World Online Gambling Law Report

Article  -  12.11.2010

Plesner Partner Søren Stenderup Jensen publishes article on The new Danish Nature and Environmental Board of Appeal

Article  -  19.10.2010

Article on upholding of Nord Stream's pipeline project permit in the Baltic Sea

Article  -  20.08.2010

New Cooperation Agreement on clinical trials and non-interventional studies

The members of the Danish Medical Association and Danish Association of the Pharmaceutical Industry (Lif) have adopted a new cooperation agreement on clinical trials and non-interventional studies. The purpose of the cooperation agreement is to ensure high ethical standards and to provide unambiguous guidelines for the cooperation between physicians and the pharmaceutical industry when clinical trials or non-interventional studies are conducted.

Article  -  30.06.2010

Prompt action to stop infringement of H. Lundbeck A/S' pharmaceutical Cipralex®

The majority of Lundbeck's turnover derives from the pharmaceutical blockbuster Cipralex®. The active ingredient in Cipralex® is escitalopram. Despite the escitalopram manufacturing process being patented, Cipralex® has been under attack from generic manufacturers that receive escitalopram from the Indian company Dr. Reddy's.

Article  -  30.06.2010

Public health authorities may offer financial incentives to induce doctors to prescribe less expensive medicinal product

On 22 April 2010 the Court of Justice of the European Union ruled that national public health authorities of Member States may offer financial incentives to induce doctors to prescribe cheaper medicinal products.

Article  -  30.06.2010

Danish Court finds royalty provision contrary to Section 6 of the Danish Competition Act and Article 101 TFEU

On 29 April 2010, the Danish Maritime and Commercial Court found that a provision in a license agreement pursuant to which the licensee is required to pay royalty on sales even when the licensor's IPR is not used was contrary to Article 101 TFEU and the equivalent provision under Danish law and therefore null and void. The court applied the principles of the Technology Transfer Block Exemption regulation in arriving at this result.

Article  -  30.06.2010

Article on the EU Commission's guidance on exclusionary abuse of dominance

Article  -  14.06.2010

Preliminary injunction granted against generic Nexium product

On 15 January 2010, in a case between AstraZeneca and Sandoz A/S (Sandoz), the Enforcement Court in Copenhagen granted an interlocutory injunction against Sandoz enjoining them from marketing a drug containing generic esomeprazole magnesium. The Enforcement Court found that Sandoz did not make it probable that the patent-in-suit was invalid. AstraZeneca was represented by Sture Rygaard, Attorney-at-Law.

Article  -  11.05.2010

The European Commission launches monitoring of patent settlements concluded between originator and generic pharmaceutical companies

On 12 January 2010, the European Commission sent re­quests for information to several pharmaceutical compa­nies asking for copies of patent settlement agreements concluded between originator and generic pharmaceutical companies. The Commission will analyse these agreements and determine whether they give rise to competition law concerns. The Commission has stated that it will focus on patent settlements in which an originator company pays off a generic competitor in return for delayed market entry of a generic drug.

Article  -  11.05.2010

The Danish Competition Authority has published a report finding that regulation restricts competition in the pharmacy sector

On 23 February 2010, the Danish Competition Authority published a report regarding the pharmacy sector conclud­ing that the current regulatory system restricts competition in this sector.

Article  -  11.05.2010

New council for assessment of the use of expensive medicines in hospitals

Danish Regions has established a council for assessment of the use of expensive medicines in the Danish hospitals. The main task of the council is to develop a common national recommendation list for the use of expensive medicines in the Danish hospitals.

Article  -  01.04.2010

New regulation on general conditional reimbursement

On 1 January 2010 a new regulation on general conditional reimbursement came into force. Previously it was only possible for the Danish Medicines Agency to grant general conditional reimbursement for the treatment of specific diseases. With the new regulation the Danish Medicines Agency also has the authority to grant general conditional reimbursement to specific groups of persons.

Article  -  01.04.2010

Prohibition against marketing of health services in the media does not include marketing on the Internet

On 29 April 2009 the Eastern High Court ruled that the prohibition against marketing of health services does not include marketing on the Internet. A Danish website selling weight loss services had made links on its website directing the visitors to a TV-station's website showing previously sent television programmes, where the website was mentioned. The High Court ruled that such linking does not constitute breach of the prohibition of marketing of health services in the media.

Article  -  01.04.2010

The Supreme Court confirms the European Court of Justice's practice regarding re-packaging of parallel imported pharmaceutical products

On 21 September 2009 the Supreme Court ruled that Ori-farm A/S had violated Sanofi-aventis Denmark A/S' trademarks when repackaging and debranding parallel imported pharmaceutical products. The Supreme Court's ruling is in accordance with long standing Danish case law which was not changed by the European Court of Justice (ECJ) ruling C-348/04 (Boehringer II). Sanofi-aventis Denmark A/S was represented by Attorney-at-Law Per Håkon Schmidt.

Article  -  01.04.2010

International publication concerning environmental law

Article  -  30.05.2008

Article in the journal "Advokaten", no. 6, 2006: "Having a foot in both camps"

Article  -  25.10.2006

European Court of Justice Strikes Dutch Challenge to EU Biotechnology Patent Rules

Article  -  05.12.2004

The Energy Agreement of 29 March 2004 - New Perspectives in the Danish Energy Sector

Article  -  19.03.2004

New Bill to Modernise the Danish Companies Act

Article  -  23.01.2003

Agenturgiver-skulle-ikke-betale-kompensation-ved-opsigelse-af-agent

Article

Afvisning-af-tilbud-paa-grund-af-manglende-underskrift-af-stoetteenheds-ESPD

Article

Ny-lov-om-urimelig-handelspraksis-i-landbrugs-og-foedevareforsyningskaeden

Article

Lejekontrakt-indgaaet-foer-bygnings-opfoerelse

Article

Ordregivers-frafald-af-mindstekrav-efter-kontraktindgaaelse-i-strid-med-udbudsreglerne

Article

K04-Standardkontrakt-for-it-drift-offentliggjort

Article

Webinar-Corporate-Power-Purchase-Agreements-PPA

Article

Coronavirus-Gradvis-udfasning-af-loenkompensationsordningen

Article

Skattestyrelsen-offentliggoer-styresignal-om-moms

Article

Vejledning-til-outsourcingbekendtgoerelsen-sendt-i-hoering

Article

Ny-EU-dom-om-pay-for-delay-aftaler

Article

Ny-boligaftal- indgaaet-om-BRL

Article

Udenforstående har ikke pligt til at yde bistand til håndhævelse af fogedforbud

Article

Rådighedsløn og aldersdiskrimination

Article

Ny bekendtgørelse om patenter og supplerende beskyttelsescertifikater

Article

ndringer af lgemiddelloven gldende fra 1 januar 2013

Article

Forslag fra generaladvokat baner vej for enhedspatent

Article

Enkeltstående udtalelse om klients samlever ikke saglig fyringsgrund

Article

Delvise sygedage skulle medregnes efter 120-dages reglen

Article

Dansk bidrag til bogen Governance - Legal Guidelines for International Management Practice

Article

Varsling af gebyrstigninger

Article

OK at fastsætte prøvetid for lærer

Article

OK at diskutere efterløn

Article

Morgenmde hos Plesner Datasikkerhedsbrud har din virksomhed en plan hvis uheldet er ude

Article

Markedsføringsret - fortolkning af handelspraksisdirektivet

Article

Høringssvar som grundlag for afskedigelse

Article

Aldersgradueret pensionsordning

Article

Ændringer af beskyttelsestiden for visse ophavsrettigheder

Article

Ændring af renteloven

Article

Udvalgte danske nyheder fra 2 halvr 2012

Article

Usagligt at opsige stressramt

Article

Ny-forordring-om-udenlandske-subsidier

Article

Brexit-overblik-september-2019

Article

Konkurrenter-overtradte-forbud-mod-konkurrencebegransende-aftaler-flere-ar-efter-ophort-kontakt

Article

Lovforslag-om-aendring-af-CFC-reglerne-fremsat

Article

Klagenaevnet-afviser-erklaere-3-kontrakter-i-periode-midlertidig-opsaettende-virkning-uden-virkning

Article

Domstolsstyrelsen-frifundet-for-ansvar-i-Tinglysningssagen

Article

Aendring-af-praekvalificeret-konsortium-ikke-i-strid-med-udbudsreglerne

Article

Evaluering-af-Medicinraadet-hvad-bibringer-fremtiden

Article

EU-dom-Fusionsaftale-afskar-ikke-praekvalificeret-ansoeger-fra-at-afgive-tilbud

Article

Standardkontraktsbestemmelser-vedtaget-af-Datatilsynet

Article

Udbud-forpligtelser-ved-indgaaelse-og-anvendelse-af-rammeaftaler

Article

Brexit - IP-rettigheder i nyt EU-udspil til Brexit-aftale

Article

Forslag-til-aendring-af-udbudsloven-nye-pligter-for-ordregiver

Article

Nyt-forslag-crowdfundingtjenester-maa-tilbyde-produkter-i-heleEU

Article

Udvalg-foreslaar-omfattende-reform-af-ekspropriationsregler

Article

EFTA-dom-om-konsortiesamarbejder

Article

Korekort_insolvensret

Article

Mobil_apps

Article

No right to payment for the 6th week of holiday

In a judgment of 17 February 2016, the Danish Eastern High Court found that an employee was not entitled to holiday allowance for the 6th week of holiday in connection with the employee's termination of employment. It had not been stated in the employment contract how this extra week of holiday was to be treated in the event of the employee's termination of employment.

Article

Politisk-aftale-om-indgreb-i-huslejereguleringer-er-nu-vedtaget

Article

Nye_regler_for_klausuler_i_ansaettelseskontrakter

Article