Automotive

Plesner has focused on providing legal advice to the automotive industry for a number of years. We collaborate with some of the biggest operators in the Danish and international automotive industries and provide full and ad hoc advisory services.

We always endeavour to provide legal advice of the highest quality, both in terms of legal expertise and commercial use and understanding. Our clients are predominantly car manufacturers, private and factory-owned car importers, banks and finance companies, car rental companies and trade associations.

Our experience

We have extensive experience in drafting and reviewing dealer and service agreements in respect of the relevant block exemption regulations, including the current Commission Regulation (EU) No 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices and the current Commission Regulation (EU) No 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the automotive industry.
We also have extensive experience of the following:
  • Reorganisation/restructuring of authorised dealer/service networks
  • Wholesale and retail financing of new vehicles, including legal advice on the special Danish rules regarding retention of title (consignment)
  • Finance leases and private leases
  • Commercial agreements regarding the transportation and storage of new vehicles
  • The comprehensive EU legislation stipulating detailed regulations for motor vehicles, including type approvals, product safety, equipment and the interior fittings of motor vehicles
  • The Danish Registration Fee Act, including the payment of tax on new motor vehicles and the special rental provisions relating to non-residents in Denmark or enterprises whose registered office is not in Denmark (tax exemption)
  • The detailed provisions of the Danish Marketing Practices Act and the relating statutory orders that are particularly important to the marketing and sales of new motor vehicles, including the provisions on the use of warranties for consumers
  • The special provisions of the Danish Sale of Goods Act on termination without notice, remediation and replacement deliveries

Impact on legislation

We keep up to date with developments in relevant national legislation and EU regulations.
We are regularly involved in the consultation processes related to any amendments to the relevant national legislation, including the Danish Sale of Goods Act and the Danish Marketing Practices Act, and we follow political and statutory considerations related to the drafting of any future EU competition law provisions which apply to the automotive industry.

Highlights

  • BMW Danmark A/S - legal advice in relation to the drafting and implementation of new BMW Dealer Agreements and new BMW Service Agreements
  • Nordea Finans Danmark A/S - legal advice in relation to the drafting and implementation of a wholesale financing agreement with Volvo Personvogne Danmark A/S regarding new Volvo vehicles
  • Mazda Motor Danmark - legal advice in relation to the drafting and implementation of new authorised Dealer Agreements and new authorised Repairer Agreements
  • BMW Danmark A/S - legal advice in relation to the drafting and implementation of BMWi Agency Agreements and BMWi Service Agreements
  • Nordea Finans Danmark A/S - legal advice regarding the development and implementation of a new electronic consignment system concerning wholesale financing of new vehicles
  • BMW Danmark A/S - legal advice in relation to the drafting and implementation of new MINI Dealer Areements and new MINI Service Agreements
  • Forso Danmark - branch of Forso Nordic AB (Ford Credit) - legal advice regarding wholesale financing of new Ford vehicles and legal advice regarding a leasing set-up
  • Ford Motor Company A/S - legal advice in relation to the drafting and implementation of new authorised Dealer Agreements and new authorised Repair Agreements
  • Skandinavisk Motor Co. A/S - legal advice regarding the development and implementation of a new electronic consignment system concerning the wholesale financing of new VW, Audi, Seat, Skoda and Porsche vehicles
  • Tesla Motors - legal advice regarding warranty terms in B2B relations and B2C relations and legal advice regarding general terms and conditions of sale
  • Nissan Nordic Europe - legal advice in relation to entering into a Framework Agreement with PostNord concerning delivery of Nissan electric vehicles and aftersales services
  • BMW Danmark A/S - legal advice in relation with the drafting and implementation of BMW Motorrad Dealer Agreement

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