9 March 2016

Public-private investments in Greenland

On 26 February 2016, Horten and Nuna Law Firm hosted a conference with focus on public-private investments in Greenland.

The interest in the conference was overwhelming with approx. 120 participants, including representatives from all parts of social life and the business community in Denmark and Greenland; everybody having an interest in development and growth in Greenland and how projects in Greenland may be organised financially and operationally.

The participants included the Greenland minister of finance and mineral resources, Randi Vestergaard Evaldsen, and representatives of all four municipalities in Greenland – Qassuitsup, Qeqqa, Sermersooq and Kujalleq, who were all represented by their senior officials, and the Municipality of Qassuitup Kommunia by mayor Ole Dorph.

There are a number of important projects in the pipeline in Greenland within the energy sector, the transport sector, telecommunications and housing development - all projects requiring major infrastructure and capital investments, which may be performed as PPP projects.

At the conference, some interesting "hands-on" presentations were given by persons with practical experience in PPP projects in Denmark. For example on urban development in Frederikssund by Claus Steen Madsen, who is head of the technical, environmental and business department of the Municipality of Frederikssund, and on the new Campus Carlsberg by Jonas Kjær-Westermann, who is project director at University College UCC .

Horten advises on a number of PPP projects, and three partners from Horten, attorney Rikke Søgaard Berth, attorney Peter Bisgaard and attorney Claus Bennetsen, provided insight into PPP models and how they have been applied in Denmark.

We were also very pleased to be able to present PPP in a Greenland perspective by means of a number of interesting presentations from Greenland, including Peter Beck from the Finance Department of the Greenland Home Rule, who described the economy in Greenland. Martin Kviesgaard, CEO of GrønlandsBANKEN, supplemented with examples of completed and potential investments, and Karsten Høy, CEO of Greenland Venture, described how development in Greenland is supported with venture capital.

It was a very inspiring day, and we are looking forward to continuing our work together with Nuna Law Firm to introduce PPP projects as a tool for performing large and important development and infrastructure projects in Greenland.

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Giant merger of oil and gas activities in the North Sea

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Horten has assisted Arkitektgruppen A/S with the establishment of another joint venture with Nordic Real Estate Partners (NREP) concerning residential development projects in Copenhagen.

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17 May 2017

A team of Horten lawyers headed by Michael Goeskjær and Jim Øksnebjerg has assisted the Karsten Ree Group with a sale of the car rental company Østergaard Biler to Europcar.

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Horten today hosted a workshop for a select group of Danish and European GCs, CLOs and Chief Legal Counsels on the role of the top legal officer. The workshop was by invitation of Global Leaders in Law.

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In mergers and acquisitions, it is always relevant to consider, if the transaction is subject to merger control – on either a national or an EU level. Transactions that are subject to merger control must be notified and approved, before they are implemented.

Final sale of LM Wind Power to General Electric

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Honors to M&A partner Lise Lotte Hjerrild

25 April 2017

Partner Lise Lotte Hjerrild is appointed to the Steering Group of the International M&A and Joint Venture Committee of the American Bar Association and Women in Law Awards 2017.

Horten advances in new Chambers and Legal 500 rankings

19 April 2017

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Conditional approval of Maersk Line's purchase of German container shipping company

12 April 2017

The European Commission has approved Maersk Line's takeover of the German container shipping company Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft KG (HSDG).

Eurofins reinforces its market leadership with the acquisition of VBM Laboratoriet in Denmark

31 March 2017

A team of Horten lawyers headed by Jim Øksnebjerg has assisted the owners of VBM Laboratoriet A/S with the sale to Eurofins Scientific (EUFI.PA).

The European Commission: Aid to construction of Kriegers Flak is legal

30 March 2017

The Commission has approved the Danish state aid to the offshore wind turbine project Kriegers Flak as the project will contribute to an increased use of renewable energy in Denmark.

Extensive commitment protects innovation in connection with approved DOW/DUPONT merger

30 March 2017

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Conviction in bribery actions against Atea

24 March 2017

The Eastern High Court has delivered convictions in two bribery actions where Atea gave away iPhones, iPads and other IT equipment to two senior employees at the City of Copenhagen and DSB.

The European Commission launches new whistleblower tool

20 March 2017

Now, individuals can easily, quickly and anonymously disclose information on cartels and anti-competitive behaviour directly to the Commission.

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20 March 2017

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The European Court of Justice raises questions about wind turbine planning

10 March 2017

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7 March 2017

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The Energy Regulatory Authority: New criteria for estimation of reasonable return on invested capital

17 February 2017

Recently, the Energy Regulatory Authority listed the circumstances that may and must be included when estimating a reasonable return on capital invested in a heating company in connection with the Authority's approval of return on invested capital.

The State Administration: Reconsideration of decision on access to inter-municipal enterprise's business information relevant for a tender procedure

16 February 2017

After having established that a decision was incorrect on several issues, the State Administration requested an emergency service organised as an inter-municipal enterprise to resume the matter and make a new decision. The inter-municipal enterprise had referred to section 30, no. 2 of the Act on public access to documents in public files (the "Act") as the basis of exempting information in consideration of the inter-municipal enterprise's future possibilities of putting out operational assignments to tender.

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8 February 2017

With effect from 6 January 2017, Burmeister & Wain Energy A/S (BWE) was acquired by Burmeister & Wain Scandinavian Contractor A/S (BWSC), which, despite the common name, has had different owners since the 90'ies.

The EUDP - new round of applications for grants to energy projects in 2017

1 February 2017

The Energy Technology Development and Demonstration Program (EUDP) has published a new strategy for 2017-2019, which forms the basis of new projects worthy of support. The EUDP is a public scheme supporting new energy technology, which must contribute to achieving the target set in relation to energy and climate. Compared to previous strategies, the new strategy focuses on key areas in a more global perspective.

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31 January 2017

The European Commission has published a new communication on the role of waste incineration in a circular economy. The purpose of the communication is to ensure an optimal energy exploitation of non-recoverable waste.

New action plan for the implementation of the regulation on data protection

30 January 2017

The Article 29 group has adopted a new action plan listing which subjects the group will prioritise in 2017 to ensure an effective implementation of the regulation on data protection.

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30 January 2017

According to the Ombudsman, it was in accordance with the rules of government employees' freedom of speech when a municipal employee was given a warning for writing on his Facebook profile that the municipal chief executive was "a person whose core competence may not be the truth".

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23 January 2017

The Supreme Court has ruled that the Danish state is liable in damages for not having made the Holiday Act consistent with the Working Time Directive fast enough in relation to sickness during holiday. However, the Supreme Court ruled in favour of the Danish state as the Supreme Court found that the state was not liable in damages at the time of the employee's sickness during the summer holiday 2010.

Recent case law concerning access to documents - January 2017

19 January 2017

The limits as to when access to documents should be granted are clarified on a current basis. We have reviewed recent case law concerning access to documents and have summarised all relevant statements within the municipal areas below, including business information, identification requirement and data extraction.

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12 January 2017

The so-called Article 29 group has adopted a set of guidelines covering data protection officers, which will provide more clarity with regard to the data protection officer's assignments, position and liability.

Global Leaders in Law appoints Horten as exclusive partner for Denmark

10 January 2017

Global Leaders in Law, the leading global general counsel forum based in London, and Horten has announced partnership. Appointed as a global bronze partner, Horten will sponsor the activities of Global Leaders in Law in 2017.

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5 January 2017

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New partners

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With effect from 1 January 2017, Horten appointed Lars Lüneborg and Julie Arnth Jørgensen as partners.

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Until now, Denmark has been one of the few EU countries that has not allowed companies to issue loans to shareholders and members of management, except for loans to Danish and some international parents. Obviously, this is a competitive disadvantage. On 1 January 2017, such loans will be legal.

Greenland adopts personal data act

22 November 2016

From 1 December 2016, the Personal Data Act became effective in Greenland at the request of the Greenland Home Rule. The Act replaces the data protection legislation from 1978, which has applied in Greenland until now.

New Advisory Board is to advise the government on a circular economy

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The government has set up an Advisory Board consisting of Danish business executives, who are going to advise the government on a circular economy thereby increasing enterprises' earning opportunities, promoting a more efficient utilisation of resources and minimising the environmental impact. The new measure was presented by the Minister of the Environment and Food, Esben Lunde Larsen, and the Minister of Business and Growth, Troels Lund Poulsen.

Mezzanine Capital Partners grants EUR 15 million to MBL Gruppen

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Mezzanine Capital Partners has concluded an agreement with MBL concerning a grant to the company and its shareholders of EUR 15 million to ensure MBL's future geographical growth and development of its product range. Horten has assisted MBL Gruppen.

Horten acts as GE’s Danish lawyer in GE’s acquisition of LM Wind Power

28 October 2016

Horten has acted as GE’s Danish lawyer in GE’s intent to purchase LM Wind Power, a Denmark-based manufacturer and supplier of rotor blades to the wind industry.

IFLR1000 ranks eight Horten partners as Leading Lawyers and two as Rising Stars

18 October 2016

The international directory IFLR1000 recently published its Financial and Corporate Rankings for 2017. These rankings were good news for Horten, as we have increased the number of partners ranked as Leading Lawyers within their legal areas of expertise.

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18 October 2016

Koppernæs AS purchased 63% of the shares in the Danish company Triple Fish A/S with effect on October 6, 2016. Horten has advised Koppernæs.

Aid to the Eurovision Song Contest was not illegal under municipal and state aid law

14 October 2016

On 12 October 2016, the Ministry of Social Affairs and the Interior concluded in a statement that the aid provided through Projektselskabet by the City of Copenhagen and the Capital Region of Denmark to the Eurovision Song Contest in 2014 was legal.

Legalisation of loans to shareholders and members of management

7 October 2016

Danish businesses will finally be able to grant loans to shareholders and members of the management in connection with the adoption of a new bill.

The Data Protection Agency: Understand the requirements for employees' processing of personal data

7 October 2016

In a recent decision, the Data Protection Agency criticised a municipality's control of the data security based on unauthorised persons' access to sensitive personal data stored on an employee's private IT equipment.

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3 October 2016

DI has re-appointed Søren Hornbæk Svendsen as member of the Energy and Climate Policy Committee and Nina Henningsen as member of the Media Policy Committee.

Horten assists VPK Packaging Group with acquisition of Peterson Packaging

3 October 2016

On 3 October 2016, the Belgian packaging manufacturer VPK Packaging Group acquired the Norwegian Peterson Packaging A/S from Pemco A/S and Unitel A/S.

NETS awards shares to approx. 2,500 employees

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In connection with the recent IPO, NETS, the leading supplier of payment solutions, awarded a total of 400,000 shares to approx. 2,500 employees.

Axcel, PFA and PKA acquires control in Danish Ship Finance

28 September 2016

Danish Ship Finance, the leading Copenhagen based dedicated ship finance institution, today announced that its large owners Danske Bank A/S, Danmarks Nationalbank, A.P. Møller-Maersk A/S and Nordea Bank AB (publ) had entered into an agreement to sell their entire shareholdings equal to 72 per cent of the shares in Danish Ship Finance to a Danish consortium consisting of Axcel, PFA and PKA.

IPO of Nets

27 September 2016

Nets, the Copenhagen based digital payment provider, settled the sale and purchase of offer shares in its successful IPO on Nasdaq Copenhagen.

It will be cheaper to build tenanted properties

22 September 2016

An amendment to the Building Act provides insurance savings for builders of tenanted properties.

When is a floating company charge accepted?

20 September 2016

In the Cimber case, the Supreme Court must decide when a chargee accepts a floating company charge.

The ombudsman: Dismissal of upper secondary school teacher was contrary to government employees' freedom of speech

5 September 2016

The ombudsman found that it was "strongly criticisable" that Campus Bornholm had dismissed a teacher for having criticised the employer.

Compensation for violation of the principle of equal treatment of the Temp Act

5 September 2016

For the first time, the Supreme Court has ruled on a violation of the principle of equality of the Temp Act.

New partner

19 August 2016

Henning Aasmul-Olsen will join Horten as equity partner. The admission of a new partner is yet another strategic step towards further strengthening Horten's expertise within M&A and business sector advice.

New partner

15 August 2016

Horten strengthens the partner group and the expertise within environmental and public law with the admission of partner Anne Sophie K. Vilsbøll.

Horten advises Carlsberg Byen on the construction, financing and transfer of UCC Campus Carlsberg

7 July 2016

Horten has advised Carlsberg Byen on the construction, financing and transfer of UCC Campus Carlsberg from NCC (contractor) to Carlsberg Byen (owner) and from Carlsberg Byen to University College UCC.

Compensation for wrongful publication of conviction

5 July 2016

Recently, the Eastern High Court ruled in a case where the housing association AAB had published information on a former voluntary cashier's criminal offenceson the Internet contrary to the Personal Data Act.

New state aid register will come into force on 1 July 2016

30 June 2016

As part of the European Commission's reform of the European state aid rules initiated in 2012, the member states must register any state aid to companies exceeding € 500,000 in a public web-based register. The rule comes into force on 1 July 2016, when the new register will be available.

New rankings from IFLR1000: Horten is still the leading law firm within energy and infrastructure

22 June 2016

Every year, the international directory IFLR1000 publishes a guide of the world's best law firms within energy and infrastructure. In the recently published guide, Horten is, like last year, rated as one of the country's best advisers within this area.

New agreement on municipalities' economy in 2017

13 June 2016

The day after the Government and the Danish Regions presented an agreement on the regions' economy in 2017, it was published that the Government had also concluded an agreement with KL on the municipalities' economy in 2017.

Amendments to the Planning Act - conclusion of political agreement

10 June 2016

On 9 June 2016, a political agreement was concluded between the Government, the People's Party, the Conservative Party and the Social Democrats concerning an amendment of the Planning Act.

Eckes-Granini acquires Rynkeby Foods A/S

19 May 2016

German-based Eckes-Granini Group GmbH (‘Eckes-Granini’), the leading producer of branded fruit-based beverages in Europe, has on 18 May 2010 acquired Rynkeby Foods A/S.

Waste suited for incineration is perhaps to be opened to competition

17 May 2016

On 13 May 2015, the Government published a proposal for alternative financing of the so-called PSO tax. The financing is to take place under the Budget instead of via the PSO tax. One of the initiatives is to open the waste energy production sector to competition

A/B Duegården was allowed to go bankrupt

11 May 2016

The Supreme Court has ruled in the widely publicized case A/B Duegården in liquidation vs. Nykredit Bank A/B and Nykredit Realkredit A/B.

New ratings from the international reference book Legal 500

4 May 2016

There are several good news for Horten in the new rankings, among these to new Tier 1-ratings in Media & entertainment and Telecoms.

Gift policy

3 May 2016

With a conviction of bribery, your company risks having to wave goodbye to public orders due to the rules of the Procurement Act.

Municipalities cannot take out insurance covering volunteers - yet

2 May 2016

The Ministry of Social Affairs and the Interior has put a - temporary - stop to the question whether municipalities can take out collective accident and liability insurance covering volunteers.

Horten has assisted the shareholders of Exerp ApS with the sale of the company's controlling interest

22 April 2016

Horten has assisted the shareholders in Exerp ApS in connection with the Italian company Technogym Sp.A's sale of the controlling interest in the company.

Centrica to acquire Neas Energy

21 April 2016

Centrica to acquire leading European energy management company.

Bill on registration of actual shareholders adopted

19 April 2016

On 1 March 2016, a bill on registration of actual shareholders was adopted by the Danish Parliament. The act will, among others, amend the Companies Act.

Final adoption of the new personal data regulation

14 April 2016

The European Parliament has adopted the new personal data regulation together with the rest of the data protection reform.

How to prepare and conduct a general meeting

11 April 2016

This article will answer the questions often asked when preparing a general meeting, which most municipal companies are required to hold annually.

International women lawyers discuss the future of the legal profession

6 April 2016

Horten participates when 150 lawyers from all over the world meet in Berlin on 7-8 April under the headline "Law in a changing world – how women can contribute to innovation of the legal profession".

Horten assists PensionDanmark with purchase of properties for more than half a billion DKK

4 April 2016

Horten's Real Estate team has assisted PensionDanmark with its purchase of two office buildings in Aarhus from C.W. Obel Ejendomme. The investment amounts to DKK 555 million.

Horten Corporate Day 2016 - Danish companies at the forefront

18 March 2016

At Horten's Corporate Day 2016 on 16 March, Danish and foreign executives and experts gave their views on the trends and opportunities of the Danish business sector. Horten will repeat the success next year with Horten Corporate Day 2017.

The 7th oil and gas licensing round in the North Sea has been concluded

26 February 2016

The Minister of Energy, Utilities and Climate has decided to issue 16 new oil and gas licenses to 12 different companies as a result of the 7th licensing round.

Dispute concerning cost-free loan guarantees to two district heating companies may be brought before the Supreme Court

23 February 2016

State subsidies: A dispute concerning cost-free loan guarantees to two district heating companies may be brought before the Supreme Court, but the municipal initiatives should continue.

Ten things to know about the new water sector act

18 February 2016

The new Water Sector Act will come into force on 1 March 2016. What does the new Act imply? There are many major and minor amendments and, below, we will introduce you to ten of them.

Denmark and Greenland sign new uranium agreement – why now?

12 February 2016

Denmark and Greenland have entered into a uranium agreement regulating the cooperation on future extraction and export of uranium and radioactive minerals.

After the legal action concerning road charges

12 February 2016

Road charges after the Supreme Court ruling - What should municipalities and supply companies be aware of?

New nursing home in Hornbæk to be built and run by the OK Foundation

9 February 2016

In February, the Municipality of Helsingør selected the OK Foundation as cooperation partner in connection with the building of a new nursing home in Hornbæk.

Subsidies to agricultural activities covered by the local government mandate

9 February 2016

The State Administration: An association's sub-lease of land owned by the municipality was not considered an indirect municipal subsidy.

Supreme Court: Decisions concerning road charges were invalid

5 February 2016

The Supreme Court has ruled in favour of the Municipality of Slagelse that Forsyningssekretariatet's decisions concerning road charges were invalid.

Lifting of trade sanctions against Iran - possibilities and risks

29 January 2016

On 16 January 2016, the International Atomic Energy Agency (IAEA) stated that Iran had met the requirements for lifting of EU and US trade sanctions against the country. This opens the way for new trade possibilities with Iranian players; however, still subject to certain risks.

EU action plan sets targets for future waste disposal

26 January 2016

"Closing the loop – an Action Plan for a Circular Economy" aims to reduce EU waste volumes. In Denmark, waste incineration is an important energy source, and the plan may therefore challenge the supply sector, says Sinne Conan, CEO of Konsentio, a public affairs bureau in Brussels.

Loan guarantees to two district heating companies were illegal and thereby invalid

26 January 2016

This was established on 25 January 2016 when the Western High Court ruled on a dispute between the Municipality of Sønderborg and two local district heating companies. The ruling means that the municipality is obligated to charge a guarantee commission which constitutes more than DKK 70 million in the guarantee period.

Major savings for the municipality of Brøndby by repurchasing and inviting tenders for street lighting contract

25 January 2016

Horten has assisted the municipality of Brøndby through a lenghty process of negotiations in connection with a repurchase and call for tenders for operation as well as maintenance and renovation of the municipality's street lighting installations.

The waste sector's role in a circular economy

21 January 2016

The development towards a circular economy requires major changes within the waste sector with focus on direct recycling, reuse and on complete removal of toxic materials. This is the assessment of the managing director of the Danish Waste Association, Jacob Hartvig Simonsen.

Amendments to the Trade Act with effect from 1 January 2016

21 January 2016

The amendments will ease the establishment of operational activities in the Greenlandic market - making the establishment of new as well as international business activity in Greenland more favourable.

The future of gas

10 December 2012