News

When may a trustee be replaced?

In a new ruling from the Maritime and Commercial High Court, it was established that the creditors were not entitled to appoint a new trustee as there were no prospects of dividend to creditors with unsecured claims.

Employee obligated to contribute to securing the employer’s refund of sickness benefits

In a recent ruling, The Supreme Court decided that it is a part of the duty of loyalty to contribute to ensuring that the employer receives refund of sickness benefits. However, the employee was not found liable for compensation in this case, since it was not a case of gross negligence.

New partner at Horten

Attorney Jan Bech has joined Horten as partner and will be part of Horten’s Restructuring & Insolvency team. Jan will be located in Aarhus.

IFLR1000 recognises 12 Horten partners

The international directory IFLR1000 recently published its Financial and Corporate Rankings for 2020, and Horten has improved its rankings.

Piya Mukherjee is the new president of INSOL Europe

Piya Mukherjee, partner and head of Horten’s Insolvency and Restructuring team, has been appointed president of INSOL Europe.

HOFOR aquires 20 MW solar park

Horten has assisted HOFOR with the acquisition of a 20 MW solar park at Kikkenborg from Better Energy.

Letters of comfort - when are they binding?

The wording of a letter of comfort determines whether it is binding on the issuer. A recent judgment from the Court of Næstved concerning FC Vestsjælland’s bankruptcy emphasises that letters of comfort may have significant financial value.

Capital Four concludes financing agreement with PayPerWash

Horten has assisted PayPerWash with the conclusion of a financing agreement of up to DKK 600 million to support the company’s Nordic and international growth strategy.

Horten assists with the sale of Daintel to Cambio Healthcare Systems

New partner at Horten

Attorney Nicolai Thornemann has joined Horten as partner and will be part of Horten’s Restructuring & Insolvency team.

Horten assists with the sale of Sonlinc A/S to EG A/S

On 2 September 2018, the Danish market leader within software to the supply sector, Sonlinc A/S, was sold to the IT and consultancy firm EG A/S.

PensionDanmark Ejendomme acquires Chr. Hansen A/S’ office building in Hørsholm

Horten has assisted PensionDanmark Ejendomme with the acquisition of Chr. Hansen A/S’ office building in Hørsholm.

Medicinal cannabis added as registered goods under the Nice classi­fication system

There is good news for those working with medicinal cannabis. From 1 January 2020, medicinal cannabis will officially be added as registered goods under the Nice classification system.

Lunar Way gets capital injection of DKK 195 million

The Danish company Lunar Way has received DKK 195 million from both existing and new investors to continue the company’s expansion in the Nordic region. Horten has assisted Lunar Way in the process.

Nature Energy acquires Bånlev Biogas

Nature Energy Biogas acquired Bånlev Biogas. Horten has assisted Nature Energy in connection with the acquisition.

The Danish Data Protection Agency’s planned supervision in the second half of 2019

The Danish Data Protection Agency has published its focus areas for the second half of 2019. The supervisions are aimed at both the public and private sector.

The former management of Amagerbanken must pay multi-million compensation

Eastern High Court: Eight out of 11 former members of the management of Amagerbanken were ordered jointly and severally to pay compensation of DKK 225 million with the addition of interest and costs for one material loss-making transaction in relation to a major client.

Piya Mukherjee is recognised in IFLR1000’s new Women Leaders Guide

As one among only four Danish female lawyers, partner Piya Mukherjee is recognised as one of IFLR1000's "Women Leaders".

Falck pays compensation for violation of competition rules

Falck has made a settlement with the South Denmark Region, BIOS’ Dutch owners and the bankruptcy estate of BIOS in Denmark

Compensation for loss of commission during holiday

The Maritime and Commercial High Court ruled in three fundamental cases concerning compensation for loss of commission during holiday. The court attached importance to the fact that the possibility of earning commission was in fact conditional on the employee’s physical presence at the work place.

New require­ments for remune­ration policy and remuneration reports

On 10 June 2019, an act implementing the amendments in the Shareholder Rights Directive came into force. One of the most important amendments is that listed companies must prepare and publish a remuneration policy and a remuneration report for executive members in the future.

Horten achieves unique distinction within patent law

The international guide of the world’s best law firms within patent law, IAM Patent 1000, has nominated Horten as the leading law firm in Denmark within patent law.

The European Court of Justice: Member States must ensure tracking of staff working hours

Recently, the European Court of Justice ruled that employers must establish a system to accurately track the working hours of their staff to ensure observance of the EU Working Time Directive.

Horten assists E.ON Sverige AB with the acquisition of Coromatic Holding AB

E.ON has entered into a purchase agreement with EQT to buy 100 % of the shares in Coromatic Holding AB.

First Danish company approved for manufacturing of medicinal cannabis

The Danish Medicines Agency has just granted Spectrum Cannabis licence to manufacture medicinal cannabis. Spectrum Cannabis is the first Danish company to be approved.

Aptean acquires Optiware

The American software company Aptean has purchased the Optiware group.

Market dialogue concerning a technology neutral tender in 2019

The Danish Energy Agency will host a market dialogue concerning draft tender specifications for the technology neutral tender in 2019. In the tender, wind turbines and solar cells will compete to deliver the most green power in the cheapest possible way.

Horten assists Cabonline with the acquisition of 4x27

Horten has advised the Swedish taxi giant with the acquisition of Denmark’s second-largest taxi company 4x27.

The Exclusive Rights modernised in a new agreement

Together with Dansk Undergrunds Consortium (DUC), the Government has concluded an agreement on modernisation of the Exclusive Rights. The agreement implies that a number of special rights in the original agreement from 1962 with subsequent changes will be normalised.

The Danish Health Data Authority publishes final figures concerning the use of medicinal cannabis in 2018

The Health Data Authority has now published the number of prescriptions written out and presented concerning medicinal cannabis in 2018.

Horten assists Findos with the acquisition of Ball Group from Axcel

Horten has advised Findos Investor GmbH in connection with the acquisition of Ball Group ApS from the capital fund Axcel.

Horten recognised as leading law firm by Legal 500

Legal 500 recognizes Horten as one of Denmarks leading law firms in the 2019 edition of the international law firm directory.

Surplus wind and solar energy can be stored in the natural gas network

A new analysis from Energinet shows that PtX plants may increase already from the 2020's. PtX systems may improve the exploitation and storage possibilities of renewable electricity.

How can energy regulation promote a green and renewable gas sector?

The Council of European Energy Regulators (CEER) is holding a public hearing to identify what energy regulation can do to promote the development of a green and renewable gas sector.

New act to guarantee rights in case of hard Brexit

On 19 March 2019, the Danish parliament adopted the ‘Act to extend certain rights in connection with the United Kingdom’s withdrawal from the European Union without an agreement’. The Act is to ensure that British and Danish citizens having exercised the right to move freely between Great Britain and Denmark will enjoy the same rights as hitherto in a transition period.

Recommended GDPR fine of DKK 1.2 mill. to Danish taxi company

The Danish Data Protection Agency recently reported Taxa 4x35 to the police due to the taxi company’s failure to observe the rules of the GDPR. At the same time, the Agency recommended a DKK 1.2 mill. fine to be imposed on the taxi company.

New WEA guidelines to prevent harassment of employees

The Working Environment Authority (the “WEA”) has introduced new guidelines concerning harassment at the workplace. The guidelines, which also cover bullying and sexual harassment, describe what constitutes harassment, and how the employer can prevent harassment.

New rankings from Chambers

Chambers - the leading international guide to the best law firms - has once again ranked Horten among the best law firms in Denmark.

Dismissed for refusing to dance around the Christmas tree and to work on a Saturday

In two cases, the Board of Equal Treatment has concluded that two teachers were wrongfully discriminated against due to religion or faith when they did not wish to compromise their religious belief.

Public funds to local fitness centres are not state aid

In June 2017, the European Commission found that (i) aid from the Danish Lottery is not state resources and (ii) aid granted by municipalities to local fitness centres did not affect trade between member states. The Commission concluded that the aid did not constitute state aid.

New bill to abolish entrepreneurial companies and reduce the capital requirement for Ltds

On 28 February 2019, the Danish parliament introduced a bill (L 190) to abolish the entrepreneurial corporate form and to reduce the capital requirement for private limited companies.

Denmark’s largest offshore wind farm to be situated in the North Sea

The parties behind the Energy Agreement have decided that Denmark’s largest offshore wind farm is to be situated in the North Sea. The offshore wind farm - called Thor - will supply electricity to 800,000 Danish households. The offshore wind farm will be put out to tender in 2019 and be connected to the electricity supply grid in the period 2024-2027.

Preliminary judgments in Danish cases concerning beneficial ownership

On 26 February 2019, the European Court of Justice decided on the question whether withholding tax is to be paid on interest and dividend paid by Danish companies to companies domiciled in other member states.

Chambers nominates Horten as Greenland expert

The recognised international ranking agency Chambers has ranked Horten as one of the country’s leading law firms specialised in the conditions prevailing in Greenland.

Tour de France will start in Denmark in 2021

At the beginning of July 2021, Denmark will host three stages of the Tour de France. Horten has assisted with the legal framework of the greatest sports event ever in Denmark.

Reform of copyright rules on the way

The so-called copyright directive is one step closer to adoption after the breakthrough of last week’s negotiations when the European Parliament, the Commission and the Council agreed to adjust the copyright rules.

Amendment to act is going to ensure stay in Denmark in case of no-deal Brexit

The Danish government has submitted a bill for consultation to ensure that a number of EU rights will continue to apply to British citizens staying in Denmark under the EU rules on free movement if Great Britain exits the EU without a deal.

Top ranking for Horten in WTR1000

World Trademark Review 1000 have just released their 2019 rankings. Horten has once again achieved a top ranking.

Maj Invest Equity invests in Wendelbo Møbel Design

Maj Invest Equity has entered into a partnership with the Wendelbo family in connection with the company’s purchase of the majority of the shares in Wendelbo Møbel Design A/S. Horten has advised Maj Invest Equity in connection with the acquisition.

Two new partners at Horten

Horten is joined by attorneys Thomas Booker and Jesper Petersen Bach as partners.

Continued interest in exploration of oil and gas in the North Sea

Four companies have applied for licences from the Danish Energy Agency for exploration and extraction of oil and gas in connection with the 8th licensing round in the North Sea.

Merger thresholds 2019

We have updated our Merger Control Poster for 2019, and it provides an overview of the thresholds for merger control in Europe. The new version includes new thresholds for Ireland, Italy and Great Britain.

Bill to amend the Anti-Money Laundering Act concerning virtual currencies put up for consultation

On 17 December 2018, the Ministry of Business put up a bill for consultation to amend the Anti-Money Laundering Act. The bill proposes that the Act’s scope is extended to cover bureaus exchanging virtual currencies and fiat currencies and providers of virtual wallets.

No Brexit deal - what now?

The UK is leaving the EU on 29 March 2019 without a deal regulating the exit terms. This means that the UK is no longer considered an EU or an EEA Member State after that date, but a third country, unless a deal is made on a postponement of the UK’s exit.

The European Commission: Tax advantages for harbours may constitute state aid

According to a press release of 8 January 2019, the European Commission has requested Spain and Italy to ensure that their taxation of harbours comply with the state aid rules. Consequently, harbours in Spain and Italy must pay corporate tax on the same terms as other businesses.

Groundbreaking repeal of a PI in a patent case

On 20 December 2018, the Danish Maritime and Commercial Court repealed a preliminary injunction relating to a supplementary protection certificate while the appeal was pending at the High Court.

Horten assists on another major oil and gas transaction in the North Sea

A team from Horten headed by partner Christian Tullberg assists SHV Holdings, a family-owned multinational, on the Danish aspects of the merger of Dyas Holdings B.V. (Dyas) with Oranje-Nassau Energie B.V. (ONE), in a combined entity called ONE-Dyas.

The European Commission’s state aid approval in the Fehmarn case has been cancelled

The European Commission's assessment as to whether Denmark has granted illegal state aid to the Fehmarn Belt fixed link is “inaccurate” and “insufficient”. This was the conclusion of the General Court on 13 December 2018.

New EU legislation on cybersecurity on the way

On 10 December 2018, the European Parliament, the European Council and the European Commission agreed on new legislation to strengthen cybersecurity within the digital single market.

Bill to amend the Share Options Act adopted

On 6 December 2018, the Danish parliament adopted the bill to amend the Share Options Act, which results in two material changes in the legal position.

Horten is recognised in Chambers’ new Fintech category

The international directory Chambers recently published its Fintech Rankings for 2019 ranking both Horten and partner Mikkel Primdal Kæregaard.

Maj Invest Equity acquires the majority of shares in Roll-o-Matic A/S

With effect from 29 November 2018, the private equity fund Maj Invest Equity has acquired 75 % af the shares in Roll-o-Matic A/S by the private equity fund Blue Equity. Horten assisted Maj Invest Equity in connection with the transaction.

Decision to establish the Baltic Pipe

Energinet and the polish company GAZ-SYSTEM have made positive investment decisions in relation to the joint Baltic Pipe project. This was announced in Warsaw on 30 November 2018. Horten assisted Energinet on the negotiations.

Horten has assisted Arkitema with the sale to COWI

Horten has assisted Denmark’s largest architecture firm Arkitema in connection with the transfer to the advisory business COWI for a three-digit million amount.

Attractive share savings account will become an option at the turn of the year

The Ministry of Tax has presented a bill concerning introduction of a share savings account and thereby indirectly improving the commercial conditions of Danish businesses. The bill is proposed to take effect on 1 January 2019.

Difficult to enforce arbitration awards in Russia

Based on a recent Russian judgment, Danish companies should review their contracts with Russian cooperation partners to clarify whether they contain arbitration clauses that prevent enforcement through the Russian courts.

GDPR and employment relationships

On 26 November 2018, the Data Protection Agency published a guidance on data protection in relation to employment relationships. The guidance reviews the most common problems in relation to the general data protection regulation and employment relationships.

New book: Inherent Powers of Arbitrators

The book provides various perspectives on the concept of inherent powers in international arbitration and includes contributions from several distinguished authors. Attorney Daniel Haue Jakobsson has contributed to the book with a chapter on Inherent Powers of Arbitrators to Deal with “Guerrilla Tactics”.

Greenland launches historically major investment in airport infrastructure

A majority in the Greenlandic parliament, Inatsisartut, has now passed an act on a historically major investment plan for construction and establishment of airports in Greenland.

Horten contributes to the first ever edition of The Legal 500: Fintech Country Comparative Guide

Horten's Fintech experts Lars Lüneborg, Diana Sofia M. Manrique de Lara, Payam Samarghandi and Kristian Kaltoft have written the Danish chapter in the first ever edition of The Legal 500: Fintech Country Comparative Guide.

IFLR1000 recognises 12 Horten partners

The international directory IFLR1000 recently published its Financial and Corporate Rankings for 2019. These rankings were good news for Horten, as we have increased the number of partners ranked as Leading Lawyers within their areas of expertise.

New partner at Horten

Horten has admitted Henrik Stig Lauritsen as equity partner and head of the Taxes and Duties team.

Horten partner gets top position in International Bar Association (IBA)

Congratulations to Horten partner Lise Lotte Hjerrild who has been appointed as member of IBA’s Legal Practice Division Council with effect from 1 January 2019.

Obligation to recover illegal state aid

Advocate General Wathelet states in a new draft judgment from the European Court of Justice that the national authorities are obligated to recover illegal state aid.

Amendment of the Directive on posting adopted

The European Parliament and the European Council have adopted amendments of the Directive on posting which came into force on 29 July 2018. The amendments must be implemented in the Member States no later than 30 July 2020.

Admission to the NextGen Leadership Program

Bo Christensen, attorney with Horten's restructuring and insolvency team, has been admitted to the International Insolvency Institute’s (III) NextGen Leadership Program 2018.

Horten at IBA

Meet us at the IBA Annual conference in Rome from 7th to 12th October 2018.

Amendment of the Subsoil Act: Expansion of the financial liability for decommissioning

The Danish government proposes an amendment of the Subsoil Act, which expands the secondary financial liability for costs in connection with decommissioning of offshore facilities.

Debate on cryptocurrency and insolvency in Athens

Cryptocurrencies, ICO’s and other tokens are the subject of debate at INSOL Europe’s yearly conference on 4-7 October in Athens. Piya Mukherjee, partner and head of Horten’s restructuring and insolvency team, is running the panel debate concerning the many challenges of these new digital assets.

The Danish Data Protection Agency specifies practice concerning encryption of e-mails

As of 1 January 2019, all e-mails containing confidential or sensitive personal data must be encrypted. In a ned guide, the Danish Data Protection Agency has specifies how this is to be enforced.

PFA and Topdanmark purchase four-star hotel at Carlsberg Byen

PFA and Topdanmark join forces and purchase an exclusive hotel for a three-digit million amount. Both parties are already co-owners of the development company Carlsberg Byen P/S. Horten has advised both purchasers on the transaction.

Horten moves to new address in the centre of Aarhus

From 1 January 2019, Horten will be welcoming clients at new premises at Frederiks Plads in Aarhus.

Danske Slagter­mestre brings action concerning state aid and waste water charges

The trade organisation Danske Slagtermestre has brought an action before the General Court regarding the European Commission's decision of 18 April 2018 stating that a Danish discount scheme for waste water charges did not constitute state aid.

Possible change of the Directive on product liability on the way

The European Commission has proposed a possible change of the Directive on product liability. The change implies an update of the important definitions concerning “manufacturer”, “product”, “defect”, “injury” and “burden of proof”.

The Maritime and Commercial High Court: Road line consortium was unlawful

In a judgment of 27 August 2018, the Maritime and Commercial High goes against the Competition Council’s and the Competition Appeals Board's decisions, and finds that consortium agreement between Eurostar Danmark and LKF Vejmarkering is legal.

Summit Partners invests in OnRobot

The global capital fund Summit Partners has invested a three-digit million amount in the robot company OnRobot. Horten has assisted Summit Partners in connection with the transaction.

Danish patent judges in new hands-on approach

No infringement held in case between former business partners after inspection of the products at-issue by both the court-appointed experts and the court.

The Energy Board of Appeal changes termination of reservation concerning Skagerrak 4

The Energy Board of Appeal has made a decision in a complaint concerning the Energy Regulatory Authority’s termination of Energinet’s reservation of capacity at the transmission system Skagerrak 4 between Norway and Denmark. Horten has advised the Norwegian power companies Lyse Produksjon AS and Statkraft Energi AS in connection with the complaint.

Horten assists Scandza with the purchase of Bodylab and Nutrinord

Scandza has purchased the Danish fitness and sports nutrition brand, Bodylab, from the founder, Rasmus Thorup Andersen. Horten adviced Scandza on all legal matters throughout the acquisition process.

Bill to amend the Share Options Act put up for consultation

Recently, the Ministry of Employment put a bill to amend the Share Options Act up for consultation. The bill is based on one of the initiatives in the business and entrepreneur agreement concluded in 2017. If the bill is adopted in its present form, it will radically change the employees’ right to purchase and subscribe shares in connection with termination of the employment.

Utility companies face fines for non-compliance with the mandatory merger control

Two Danish utility companies have received fines of DKK 8 million in total for implementing a notifiable merger in 2012 without filing the compulsory merger notification.

Broad political majority behind green energy agreement

On 29 June 2018, the government concluded a green energy agreement with all parties in the Danish parliament. The agreement contains ten initiatives to meet the government’s ambitions for Denmark to be a low-emission country in 2050.

Gislev Rejser sold to Aller group

Horten assisted the family-owned travel company Gislev Rejser with the sale to Aller Leisure, which will take over 85 % of the travel company.

Horten assists PensionDanmark with the purchase of science park

Horten has assisted PensionDanmark with the purchase of the science park CORBIS in Copenhagen for DKK 325 m.

Horten launches digital tender platform

Horten launches a digital tender platform where all clients can easily and intuitively carry out the entire tender procedure at www.udbuddet.dk.

Horten assists Neptune Energy Group on major E&P transaction in the North Sea

Neptune Energy Group has entered into a Sale and Purchase Agreement to acquire 100 % of the shares in VNG Norge AS from the German natural gas wholesaler and energy service provider, VNG AG.

Best Lawyers recognises 17 attorneys at Horten

A number of Horten’s attorneys are mentioned in this year's edition of Best Lawyers.

Strong tax profile to Horten

Horten continues its growth strategy with yet another new partner. Henrik Stig Lauritsen joins Horten’s tax team as partner.

Horten is growing

Horten Advokatpartnerselskab opens an office in Jutland and is ready to gain market shares. Horten expands with five new partners and more than 70 employees as part of Horten’s growth strategy.

New corporate law in Greenland

The Limited Liability Companies Act adopted by the Greenlandic Parliament will enter into force on July 1, 2018.

Nykredit Bank finances acquisition of Kongskilde Industries A/S

Horten has assisted Nykredit Bank with the financing of the acquisition and operation of Kongskilde Industries A/S.

The Data Protection Agency interprets new EU judgment on data responsibility for Facebook fan pages

On 5 June 2018, the European Court of Justice (ECJ) ruled in a case (C-210/16) concerning data responsibility for Facebook fan pages. In this connection, the ECJ published a statement on 13 June 2018 in which it reviewed the judgment and how it may affect future judgments.

Horten achieves unique distinction within patent law

The international guide of the world’s best law firms within patent law, IAM Patent 1000, has nominated Horten as the leading law firm in Denmark within patent law. Further, Senior Counsel Ole Damsbo is nominated the honorary title “Luminary”.

Selective distribution: Rejection of repairer inconsistent with the competition rules

According to the Danish Maritime and Commercial Court's judgment of 20 March 2018, Nissan's rejection of admitting Daugaard Biler as an authorised repairer was inconsistent with the competition rules. A fundamental breach of the car distribution agreement did not entitle Nissan to reject Daugaard Biler as an authorised Nissan repairer.

Failure to register with RUT may be penalized with daily default fines

Effective from 1 July 2018, the Danish Working Environment Authority have wider options to penalise companies failing to comply with a demand for registration with the RUT register.

Strengthened and simplified promotion of trade and industry

The government and the Danish People's Party have concluded a political agreement concerning a strengthened and simpler promotion of trade and industry with strong municipal anchoring.

The ECJ: Termination of cooperation agreement was not unlawful gun jumping

The European Court of Justice (ECJ) found that KMPG DK’s termination of a cooperation agreement with KPMG International prior to the Competition Council’s approval of a merger with Ernst & Young was not gun jumping.

The Western High Court: Elsam did not deliberately violate the competition act

The High Court ruled that the competition authorities had not substantiated with sufficient certainty that Elsam had abused its dominant position.

Insepa A/S sells 40 % of Beck Pack Systems A/S to Kirk Kapital A/S

On 17 May 2018, Insepa A/S concluded an agreement concerning sale of 40 % of Beck Pack Systems A/S and Cartolit A/S to Kirk Kapital A/S.

New EU practice concerning abuse of a dominant position and discrimination

In a recent judgment concerning abuse of a dominant position, the European Court of Justice (ECJ) considered the question as to when a dominant company’s differentiated prices to trading partners constitute abuse.

Jyske Bank supports merger of Nordjyske Bank and Ringkjøbing Landbobank

Jyske Bank (listed on Nasdaq Copenhagen under the symbol: JYSK) announced the decision to support the merger of Nordjyske Bank and Ringkjøbing Landbobank published by the boards of directors of the two banks on 18 April 2018.

Chairman of the board of directors is not liable for the loss in connection with the Eurovision Song Contest

The Company Appeals Board: The former chairman of the board of directors of Wonderful Copenhagen is not liable for the loss that arose as the Eurovision Song Contest became more expensive than expected.

Government proposal: Energy must be more green and cheaper

Recently, the government made a new energy proposal aiming at minimum 50 % renewable energy in 2030 and cheaper energy to the citizens and the community.

Nature Energy sells market business

The Nature Energy group concluded an agreement with Energi Fyn concerning sale of the part of the Nature Energy group selling gas to private customers and companies (NGF Nature Energy A/S). Horten has advised NGF on all legal aspects in connection with the sale.

The act on trade secrets has been adopted

The parliament has adopted the bill on trade secrets, which will come into force on 9 June 2018.

The Competition Appeals Board: Trade agreement concerning camping pass was illegal

The Competition Appeals Board affirmed the Competition Council's decision concerning the Camping Council’s and DK-CAMP’s violation of the Competition Act by having concluded an agreement concerning camping passes. The Competition Council has reported the matter to the police.

Horten recognised as leading law firm by Legal 500

Horten is recognised as leading law firm within a wide range of legal disciplines. At the same time, 26 partners are nominated as being among the best legal advisers in Denmark.

Horten introduces its own TV studio

Video transmission is an obvious media for presenting the law at eye level, and Horten has therefore set up its own TV studio.

IP Stars: Horten is the leading adviser within patents and trademarks

The leading international guide to the best IP companies and advisers, IP Stars, has nominated Horten among the leading advisers in Denmark within patents and trademarks.

Research project concerning digital construction law

For the next four years, Horten will be participating in the research project Digital Construction Law at the University of Copenhagen.

Recent High Court judgments reject “luxury debt restructuring”

In two judgments, the Eastern High Court recently rejected restructuring of personal debtors with reference to the fact that the proposed compulsory composition was contrary to the purpose of the rules on restructuring.

Pregnant woman did not have a preferential right or a claim for relocation

The European Court of Justice (the ECJ) has ruled that a pregnant woman who was dismissed in connection with mass redundancies did not have a preferential right to stay employed with the company or to be relocated under EU law.

The Supreme Court approves flexible agreements concerning provision of security to bankruptcy estates

Prior to bringing legal action, a bankruptcy estate and a creditor had agreed on payment of security in relation to the action. The creditor provided security for the costs of the action against payment of 50 % of any proceeds from the outcome of the action. The Supreme Court found that there was no basis for setting the agreement aside.

Horten achieves unique distinction within patent law

The international guide of the world’s best law firms within patent law, IAM Patent 1000, has nominated Horten as the leading law firm in Denmark within patent law. Further, Senior Counsel Ole Damsbo is nominated the honorary title “Luminary” as the only Dane.

Fines to cartels within the car industry turn focus on applications for relief of fines

In three separate decisions, The European Commission has imposed fines of more than EUR 540 million on a number of players within the car industry. At the same time, three cartel members obtained relief of fines due to their roles in relation to exposing the cartels.

Nature Energy’s gas network sold to Energinet

NGF Nature Energy Holding A/S and Energinet have concluded an agreement concerning sale of NGF Nature Energy Distribution A/S to Energinet .

Funen municipalities sell Nature Energy

Eight municipalities in Funen have sold the commercial activities of the Nature Energy after 40 years of municipal ownership.

New rankings from Chambers

Chambers, the leading international guide to the best law firms, ranks Horten as one of the best in the country yet again.

Jyske Bank makes tender offer to Nordjyske Bank shareholders

Today, Jyske Bank announced the decision to make a tender offer to purchase all outstanding shares in Nordjyske Bank.

Seven lawful financial benefits to healthcare professionals

We give you an overview of the financial benefits that pharmaceutical companies may lawfully offer to healthcare professionals.

PensionDanmark buys Lemvigh-Müller's domicile

Horten has assisted PensionDanmark with the purchase of Lemvigh-Müller’s domicile in Herlev.

On-call duty at home may be working time

New ECJ verdict: Time where the employee must be available to the employer without being physically present at the work place can be considered working time.

Chambers nominates Horten as Greenland expert

The recognised international ranking agency Chambers has ranked Horten as one of the country’s leading law firms specialised in the conditions prevailing in Greenland.

The Data Protection Agency publishes template data processor agreement

An important element of complying with the provisions of the data protection regulation is to ensure that the required data processor agreements have been concluded. The Data Protection Agency has prepared a template data processor agreement and an accompanying text explaining how to use the template.

Merger control: When to notify mergers and acquisition to national competition authorities

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. Horten's Merger Control Poster gives an overview of the turnover thresholds for merger control in Europe.

100 days until the data protection regulation comes into force – are you ready?

The data protection regulation will come into force in Denmark in 100 days from now. We will sum up what you need to have in place before 25 May 2018.

Price increases in the pharma sector may be considered abuse of a dominant position

The Danish Competition Council ruled that CD Pharma had abused its dominant position by increasing the price on the medicinal product Syntocinon by 2,000 % in 2014.

Horten carries out sale of Tvilum to a group of investors and is appointed trustee of the bankruptcy estate

After intense negotiations, a sale agreement with an investor group was signed on Friday 9 February. With this agreement, 504 out of 598 jobs were preserved.

The mandatory nature of the salaried employees act did not preclude an agreement concerning immediate resignation

The Western High Court has ruled that it was not contrary to the mandatory nature of the Salaried Employees Act or section 36 of the Contracts Act that an employee had concluded a severance agreement concerning resignation without notice.

Danish defence news: Offset collision and budget expansion ahead

On 25 January 2018, the EU Commission opened infringement procedures against five member states including Denmark for not complying with the public procurement rules.

Unique cooperation between Horten and Symbion

Horten has entered into unique cooperation with Symbion and Accelerace where we will make a team of lawyers available for start-up businesses at the shared office facilities Horten CoLab.

Two new specialised attorneys at Horten

Horten has appointed two new specialised attorneys with strong business insight within municipal and administrative law and insolvency and bankruptcy law.

Søgemedier A/S sold to Adelis

Horten has assisted the owners in connection with the sale of Søgemedier A/S to the capital fund Adelis.

Ten things to remember when drafting contracts

A contract is typically concluded for a specific purpose, and thus the parties often forget to regulate other central issues which can subsequently turn out problematic. We take you throigh ten steps that you should always consider when drafting contracts.

Incentive payments for employees

When you are about to start your own business, it can be difficult to offer a salary that attracts the most skilled employees. Another way to attract employees can be through incentive payment. We have listed the different types of incentive payments.

Nine things to be aware of when employing staff

We go through a number of focus areas which are useful to know when you are starting up a new business and are considering employing staff.

Horten obtains top ranking in WTR1000

World Trademark Review 1000 recently published its rankings for 2018. Once again, Horten obtained a top ranking.

New Holiday Act adopted

On 25 January 2018, the parliament unanimously adopted the new Holiday Act. At the same time, the parliament adopted the Act on administration of outstanding holiday pay.

The Supreme Court: Board of directors liable in damages for continuing legal action

The Supreme Court affirms: The board of directors in a company is liable in damages for the decision to continue legal action at a time when the company was no longer able to pay the costs to the opponent.

Cartel fine for collusion in connection with tender to waste water company

The Danish Competition and Consumer Authority has published that, on 12 January 2018, the contracting business Troels Jørgensen A/S was ordered to pay a fine of DKK 3.2 million for violation of the prohibition against anti-competitive agreements under the Competition Act.

Four new partners at Horten

With effect from 1 January 2018, Horten appointed Christian Tullberg, Kristoffer Westberg, Christina Steen and Niels Jørgen Oggesen as partners.

Self-selection of OTC drugs

From 1 January 2018, OTC drugs may be available for self-selection, which means that pharmacies and retailers may sell certain OTC drugs from shop areas and not only at the counter.

New rules on processing of payment data from 2018

New and more lenient rules on processing of payment data came into force at the turn of the year. We provide you with an overview of the new rules.

How to prevent and handle sexual harassment at work

As an employer, you have to be proactive to ensure a harassment-free workplace. We will zoom in on the legal definition of sexual harassment and give you an overview of the employer’s obligations and responsibilities.

New owner makes Danish biogas manufacturer ready for investments worth billions

The commercial activities in the Funen energy group, Nature Energy, have been sold to a consortium consisting of Pioneer Point Partners and Davidson Kempner.

PensionDanmark buys property from Midtconsult

Horten has been assisting PensionDanmark with buying a property from the consultancy firm Midconsult.

New Managing Partner at Horten

Finn Schwarz, Attorney and Partner, has been appointed Managing Partner of Horten Law Firm as of 1 January 2018.

All Greenlandic companies are now to be registered in the CVR register - a modernisation of company legislation is under way

Greenland: New rules concerning CVR registration and modernisation of company legislation - how does this affect Greenlandic companies?

A binding commitment from the European Commission will not prevent decisions from national courts

The European Court of Justice ruled that the European Commission’s decisions on binding commitments does not prevent opposing decisions from national courts.

Lawyer Monthly recognizes Horten in two categories

The international news website Lawyer Monthly nominates Horten as “Life Sciences – Law Firm of the Year - Denmark” 2018 and og ”IT and Communications – Law Firm of the Year – Denmark” 2018.

Judgment in the Coty case: Prohibition against use of third party's online platform was not unlawful

On 6 December 2017, the European Court of Justice ruled that cosmetics manufacturer Coty's prohibition against internet sale via third parties was not unlawful.

Tender Offer to shareholders of Copenhagen Airports

Copenhagen Airports announced on December 8 that a vehicle owned by Ontario Teachers Pension Plan and ATP has made a mandatory tender offer to the shareholders of Copenhagen Airports.

Dawn raids – what are they and what to do?

Dawn raids are often the first step in a case concerning violation of the competition rules and may have serious consequences for the companies involved. But what is a dawn raid, and what rights and obligations do the company have during a dawn raid?

Nordisk Film invests in Reto Moto, the computer game company behind Heroes & Generals

Nordisk Film has invested DKK 32 million in the computer game company Reto Moto. Horten assisted the founder group and Reto Moto.

Loans to property companies are not considered leverage in property funds

Recently, the Company Appeals Board decided to reject the FSA's narrow case law concerning exemptions when calculating leverage in alternative investment funds.

Eastern High Court upholds the Metro judgment for violation of the Competition Act

Metro is sentenced to pay a fine of DKK 50,000 for violation of the Competition Act by withholding information in a merger. Eastern High Court upheld the district court's ruling.

The European Court of Justice: TV2 has received illegal state aid

The ECJ has ruled that the advertising revenue that TV2 received from 1995-1996 from the TV2 Foundation was illegal state aid.

New recommendations for the implementation of the Clinical Trial Regulation

The European Commission has recently published three recommendations for the implementation of regulation (EU) No 536/2014 on clinical trials on medical products for human use (the Clinical Trial Regulation).

Clear ruling from the Supreme Court: Compensation for violation of the 48-hour rule

Recently, the Supreme Court delivered its first judgment in a case concerning the level of compensation for violation of the so-called 40-hour rules of the Working Time Act.

DSB sells property in Copenhagen

Horten has been assisting DSB in relation to the sale of the property.

New judgment: Operation manager's sexual harassment did not result in compensation

Recently, the Eastern High Court ruled that a company was not obliged to pay compensation to an employee even though she had been sexually harassed by the department’s operations manager.

IFLR1000 recognises 12 Horten partners

The international directory IFLR1000 recently published its Financial and Corporate Rankings for 2018 - and Horten has improved its ranking in several areas.

Gambling news from Denmark October 2017

A brief update on current affairs on the Danish gambling market.

New verification system in the fight against falsified medicinal products

On 9 February 2019, a new verification system will come into force making it possible to verify a medicinal product's authenticity and prevent the flow of falsified medicinal products within the legal supply chain.

The European Court of Justice: Redundancies - when?

In two recent cases, the European Court of Justice (ECJ) ruled that an employer should have consulted the employees’ organisations before giving notice of changes that resulted in collective redundancies.

The European Court of Justice: Public servant was entitled to be reinstated in trial position

The European Court of Justice (ECJ) has assessed that a public servant employed in a trial position as head of department should have been offered the same or a similar position when returning from parental leave, even though the probationary period had expired.

New executive order regarding cannabis out for consultation

Last week, a draft executive order on import of cannabis starting materials and the subsequent manufacturing of cannabis intermediate products went out for consultation.

Green Tech Challenge 2017

Horten supports the Green Tech Challenge with a team of advisors and a financial contribution. The Green Tech Challenge supports a number of selected Nordic tech companies with a strong sustainable agenda to optimise their businesses.

Self-damage is (still) not considered damage caused by a defective product according to product liability law

On 13 September 2017, the Supreme Court dismissed a claim for compensation against a manufacturer of marine engines for a shipping company’s loss as a consequence of wear damage to the marine engines.

Compliance: E-leaning in competition law

Horten now offers e-learning in competition law tailored to each company.

Exclusivity discounts: the Intel case, including record-high fine is remitted

The European Court of Justice ruled that a dominant company's use of excklusivity discounts does not always constitue abuse of the company's dominant position.

New judgment from the European Court of Human Rights concerning companies’ monitoring of private communication

The European Court of Human Rights recently ruled that employers must inform employees of the possibility of monitoring and to which extent.

European ip rights in Great Britain after Brexit

Great Britain's exit from the EU will create uncertainty for both British and EU27 companies in relation to the extent and protection of intellectual property rights in Great Britain. It is therefore of great interest and importance to clarify the consequences of Great Britain’s exit and how to handle them.

ATP makes investment in Copenhagen Airports - tender offer expected

Copenhagen Airports (Nasdaq Copenhagen listed; ticker: KBHL:DC), the operator of the largest airport in the Nordic Region, announced on September 13 that ATP together with Ontario Teachers' Pension Plan had agreed to purchase a stake in Copenhagen Airports bringing joint control over 57.7 per cent of all shares and votes.

Denmark accedes to the convention on jurisdiction

On 30 May 2017, the Danish parliament adopted a bill stating that Denmark accedes to the Hague convention on jurisdiction of 30 June 2005 (the Convention on jurisdiction). The bill came into force on 1 July 2017.

Merger implemented prior to notification - approved by the Danish Competition and Consumer Authority five years later

The Danish Competition and Consumer Authority approves SEAS NVE Holding A/S and SYD ENERGI Holding A/S' acquisition of joint control with Clever A/S.

The edtech company Labster announces Series A investment

Labster recently announced a Series A investment round of $ 10 million with the participation of the venture capital funds Balderton Capital and Northzone.

Supplier of components wins long-term arbitration case

Horten has conducted and won a comprehensive international arbitration case on behalf of Bollfilter Nordic ApS. Bollfilter Nordic ApS is part of the German group BOLL & KIRCH Filterbau GmbH, which is one of the world’s leading suppliers of filtration solutions, including to the maritime industry.

The Maritime and Commercial High Court states: Hästens' trademark infringed

The Maritime and Commercial High Court has ruled that Hästens Sängar AB’s blue check pattern is a (well-known) trademark in Denmark. The manufacturer Nordicform AS, Magasin and a number of other distributors have thereby infringed Hästens’ trademark rights and violated the Danish Marketing Practices Act by selling bedclothes with the blue check pattern, and they must pay compensation.

New partner at Horten

Horten Law Firm has admitted Christian Gregersen as equity partner.

The world’s largest e-sports tournament is coming to Denmark

In December 2017 and for the next two years, Arena Fyn in Odense will host the finals of the world’s largest e-sports tournament - ESL Pro League - in the computer game Counter Strike. Horten has assisted Odense municipality in connection with the legal framework of the tournament.

Maj Invest Equity sells JFK Industri A/S to GROUPE SFPI

Maj Invest Equity and the minority investors have sold JFK Industri A/S to the listed French company GROUPE SFPI with effect from 31 July 2017.

Google - an overview of the summer’s EU case against the internet giant

In June 2017, the European Commission ruled in the first of three pending cases against Google and ordered Google to pay a record-high fine of EUR 2.42 billion for abuse of its dominant position. According to the European Commission, Google favoured Google Shopping in its search engine.

Baltic Gas Pipe Project continues

Phase 1 of the Open Season 2017 for the Baltic Pipe Project showed sufficient demand for gas transportation – making it possible for the activities to continue.

Giant merger of oil and gas activities in the North Sea

Centrica plc has concluded an agreement with Bayerngas Norge AS concerning a merger of the European oil and gas activities in the North Sea.

New rules on expert opinions

On 1 July 2017, new rules on expert opinions in legal action came into force. Read more about the most significant changes brought about by the new rules.

New oil and gas strategy for the North Sea

A new oil and gas strategy has been set out for the Danish part of the North Sea. The strategy was prepared in cooperation between the industry, the DEA and GEUS to ensure optimal exploitation of the Danish resources.

Denmark ready for Tour de France

The state and five cities - Copenhagen, Roskilde, Odense, Vejle and Sønderborg - are ready for the Tour de France Grand Départ. If Denmark is chosen as the venue, it will be the greatest sports event ever in Denmark.

Maj Invest Equity enters into partnership with Victor Gruppen Restauranter

Maj Invest Equity has concluded an agreement to acquire 50 % of Victor Gruppen Restauranter. It is a partnership as the remaining 50 % of the group will still be owned by the management and the present owners of Victor Gruppen Restauranter.

The International Comparative Legal Guide to Alternative Investment Funds 2017

The International Comparative Legal Guide to Alternative Investment Funds is published each year. Partner Claus Bennetsen has contributed to this year's edition.

Still waiting for a European Patent Court

The agreement concerning the European Patent Court is once again delayed. The agreement concerning the establishment of a so-called unitary patent and a joint patent court was planned to come into force in December 2017, but this will presumably not be the case.

Change in the regulation of investment advisors

With a new act, the regulation of investment advisors will be transferred from the Financial Business Act to the Act on financial advisors and mortgage credit intermediaries. As the change introduces restrictions as to which financial instruments investment advisors must advise on, investment advisors may now also receive and transmit orders from investors.

Denmark: The world's third best location for doing business

Each year, the World Bank publishes the Doing Business Report, which evaluates the business climate across 189 countries worldwide. The report investigates 11 criteria all essential to the establishment and operation of a business. On behalf of Horten, Jim Øksnebjerg, partner, contributes to the report in relation to investor protection.

New Payment Services Act adopted

On 2 June 2017, the Danish parliament adopted the long-awaited new Payment Services Act, which will come into force on 1 January 2018.

White Paper concerning the data protection regulation has arrived

The Ministry of Justice has now published the long awaited White Paper concerning the data protection regulation and the legal framework for Danish legislation in this respect.

Horten assists Arkitektgruppen A/S with a new joint venture with NREP

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.

Karsten Ree Group sells Østergaard Biler to Europcar

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.

Are you a hedgehog or a fox?

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.

Merger control: When to notify mergers and acquisition to national competition authorities

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

The actual takeover of LM Wind Power took place on 20 April 2017 following the competition authorities' approval in the EU, USA, China and Brazil.

Honors to M&A partner Lise Lotte Hjerrild

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

In 2017, the leading international ranking agencies, Legal 500 and Chambers, are once again ranking Horten among the best law firms in Denmark.

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

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

Gambling news - April 2017

This is a brief update on current affairs at the Danish gambling market. This update addresses the status on the new Danish Anti Money Laundering Act and update on the Swedish liberalization.

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

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

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

The European Commission has approved the merger between DOW and DuPont after long-term commitment negotiations. The approval is conditional on DuPont selling many of its pesticide companies and its global R&D.

Conviction in bribery actions against Atea

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.

SAS is once again to pay major fine for participating in the Air Cargo cartel

SAS and a number of other airlines have once again been fined by the European Commission for their participation in the Air Cargo cartel. In 2015, the European General Court annulled the Commission's decision due to a procedural error. The Commission has now remedied the error and changed its decision.

Horten is part of Copenhagen Fintech Lab's Law Connect

Horten participates in Copenhagen Fintech Lab’s Law Connect programme where we, together with a number of other law firms, are to assist the Lab's residents with relevant legal sparring.

The European Commission launches new whistleblower tool

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

The EU will help more companies survive

Each year, 200,000 companies are subject to bankruptcy proceedings within the EU. Now, the European Commission will ensure that more companies survive.

The European Court of Justice raises questions about wind turbine planning

In two new rulings, the European Court of Justice has construed the scope and legal effect of directive 2001/42 on the assessment of the effect of certain plans and programmes on the environment (the SEA Directive.

Comparative markets - supermarkets and hypermarkets

The CJEU recently issued its ruling in case C-562/15 on comparative advertising comparing prizes between shops of different sizes and formats.

Four new specialised attorneys at Horten

Horten has appointed four new specialised attorneys having in-depth professional and commercial expertise within personal data law, environmental and planning law, energy and supply law and tax law.

Gambling news - March 2017

This is a brief update on current affairs on the Danish gambling market.

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

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

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.

Horten advises Burmeister & Wain Scandinavian Contractor A/S on its acquisition of Burmeister & Wain Energy A/S in bankruptcy

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

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.

Does waste incineration play a role in a circular economy?

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.

Are you allowed as a governm¬ent official to say that the municipal chief executive's "core competence may not be the truth"?

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".

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

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.

The Danish state is liable in damages for lack of replacement holiday

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

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.

Data protection officer – who, when, what?

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.

Horten at the top of the M&A league

According to Mergermarket, Horten is at the top of law firms in 2016 in the large cap M&A deal segment and with a deal flow of USDm 2.565 m, Horten is number four measured on value among all law firms advising on Danish transactions.

Global Leaders in Law appoints Horten as exclusive partner for Denmark

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.

New billion loan supports the development of Carlsberg Byen's largest phase so far

Horten has advised Carlsberg Byen in connection with the conclusion of a DKK 4.2 billion financing agreement with the pension company PFA.

New partners

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

Competition law - Adoption of new rules on claims for damages

The directive concerning damages to customers (and others) suffering a loss due to violation of the competition rules came into force in December 2014 (Directive 2014/104/EU). The directive is now being implemented into Danish law.

Legalisation of loans to shareholders and members of management adopted

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.

Gambling news - December 2016

This is a brief update on current affairs on the Danish gambling market.

Greenland adopts personal data act

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.

Horten advances to Tier 2 in the 2017 edition of ITR World Tax

In the recently published ITR World Tax 2017 - a highly regarded global guide for leading tax advisors covering law firms and auditing companies - Horten has advanced to Tier 2.

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

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

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

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.

Dynamic IP addresses may constitute personal data

The European Court of Justice recently ruled in C-582/14 that a dynamic IP address may constitute personal data.

Koppernæs increases its engagement in TripleNine Group - Horten advises Koppernæs

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.

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

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.

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

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

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

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.

Horten assists VPK Packaging Group with acquisition of Peterson Packaging

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.

Horten on two committees at the Confederation of Danish Industry, DI

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.

NETS awards shares to approx. 2,500 employees

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

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

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

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

When is a floating company charge accepted?

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

Internet media under pressure because of new EU ruling

The latest ruling on hyper links and copyright confirms previous case law and adds a new rule of presumption, which may threaten the existence of some Internet media.

Easier for customs to stop copied products

According to new EU rules, the owner of a product must, in the event of a trademark dispute, prove that the product is not a copy.

Trainee could be dismissed before training period started

In a leading Supreme Court case, the court found that a company could terminate a training agreement before it had begun.

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

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

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

New fundamental ruling on accumulated bankruptcy restriction orders

On 11 August 2016, the Maritime and Commercial High Court imposed a bankruptcy restriction order on a "liquidation director" of three companies for a total of nine years.

Circle K wins over OK in legal action concerning a new logo - Horten assisted Circle K

Horten has assisted Circle K in a legal action against OK. OK claimed that Circle K's new logo infringed the company's trademark rights to OK and was therefore contrary to the Trademark Act.

New partner

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

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

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

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

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.

Brexit: What are the legal implications?

Thursday, 23 June 2016, the British decided to leave the EU, which will result in a number of legal changes.

New rules on trade secrets in the pipeline

At the end of 2013, the European Commission presented a draft directive on the legal protection of trade secrets. After more than two years' negotiations between the European Commission, the European Parliament and the Member States, political agreement was reached on a final draft shortly before Christmas. The revised directive was finally adopted by the Council on 26 May 2016.

How will the Brexit influence British People Living in Denmark?

Today it has been announced that Britain will be leaving the European Union, but how will this effect the 17.000 British people living in Denmark regarding visa, work and resident permit in Denmark?

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

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 act on e-cigarettes: Obligation to prepare a written policy concerning smoking at the work place

A new act on e-cigarettes has come into force. The act implies that employers must prepare a written policy stipulating whether and, if so, where e-cigarettes are allowed.

New agreement on municipalities' economy in 2017

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

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.

Work permit in Denmark - many schemes will change

From 10 June 2016, it is no longer possible to apply for a residence permit in Denmark through the Green Card scheme, and the minimum yearly salary required to obtain residence and work permit under the Pay Limit Scheme is abolished.

Horten is promoted to the gold tier for 2016 in IAM Patent 1000

Glowing reports from peers and patrons see Horten promoted to the gold tier for 2016. It is “a force to be reckoned with in high-stakes litigation”.

Legal to prohibit headscarves at the work place? A clarification is on its way from the European Court of Justice

Recently, the Advocate-General proposed a decision in a case concerning a prohibition against religious symbols at the work place. The proposal may influence ECJ case law in a new direction.

Tangeværket's continued operation is not covered by the environmental impact assessment rules

On 25 May 2016, the Environmental Board of Appeal decided that a licence for water catchment for the purpose of the continued operation of Tangeværket was not covered by the environmental impact assessment rules. The Board thereby upheld the decision of the Municipality of Viborg of 5 February 2015.

Tender procedure concerning bus route not covered by the Transfer of Undertakings Act

The Supreme Court has ruled in a case, which concerned the question whether the Transfer of Undertakings Act applied in connection with the tender procedure concerning the bus route between Viborg and Herning with the result that a group of employees could not claim outstanding salary from the tenderer that won the tender.

Dramatic changes in tender procedures concerning street lighting

A new technology, a new procurement act and dramatic changes in the market terms will set new agenda in relation to tender procedures concerning street lighting in the years to come.

New guidelines on state aid from the commission

As part of the modernisation of the state aid scheme in recent years, the Commission has been working on streamlining the rules and ensuring a more efficient decision-making. In this connection, the Commission has published a number of guidelines, which will make it easier for public authorities and companies to understand and assess the problems concerning state aid.

Eckes-Granini acquires Rynkeby Foods A/S

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

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

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

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

The prohibition against discrimination overtrumps due process of law

In a recent preliminary ruling, the European Court of Justice established that private persons and companies are subject to a prohibition against discrimination due to age based on both a principle of EU law as well as an obligation under a directive

Gift policy

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

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.

The supreme court: Uncertain whether prohibition against indirect discrimination covers parents with disabled children

The dismissal of a child-minder on leave to take care of her son suffering from Asperger syndrome was not contrary to the Anti-Discrimination Act. It is still uncertain whether a person covered by the protection criteria is protected against indirect discrimination.

Public Procurements: should we or shouldn't we?

On 30 March 2016, the Complaints Board for Public Procurement made a partial decision adding to the number of decisions concerning the requirement that an agreement must be bilateral to be considered requiring a tendering procedure.

Practical advice concerning the European Single Procurement Document (ESPD)

After the coming into force of the Procurement Act, the ESPD has given rise to special challenges both for the applicants/tenderers and the contracting entities.

The Western High Court ruled in favour of a former executive officer in text message case

The Western High Court ruled in favour of a former executive officer, who had violated the provisions on mail secrecy by having read a crane driver's text messages on his work cell phone.

Time barring of industrial injury claims

The Supreme Court has ruled that claims for compensation for permanent injury under the Act on Industrial Injuries are subject to the general 5-year limitation period - even if the industrial injury did not happen after 1 January 2004.

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

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

Centrica to acquire leading European energy management company.

Horten partner admitted as member of the international insolvency institute

Piya Mukherjee has been admitted as member of the International Insolvency Institute.

Bill on registration of actual shareholders adopted

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

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

Dismissal of disabled employee was not contrary to the anti-dicrimination act

The Supreme Court has ruled in a case as to whether an employee's sympathetic reflex dystrophy was long-term and therefore constituted a disablement within the meaning of the Anti-Discrimination Act.

New association: The Danish association for marketing law

11 of Denmark's leading experts within marketing law have established the Danish Association for Marketing Law. The association's first arrangement will take place on 3 May and focus on hidden advertising.

Renunciation of collective agreement was lawful

Recently, the Industrial Court accepted that Cimber renounced SAS' collective agreement for cabin crew in connection with transfer of aircraft and staff from SAS.

How to prepare and conduct a general meeting

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

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

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.

Gambling news - April 2016

This is a brief update on current affairs at the Danish gambling market.

Ruling in the Kaltoft case: Employee's obesity was not considered a disablement

Recently, the Court of Kolding ruled in a case whether an employee's severe obesity was a disablement. The court found that the employee's problems did not constitute a disablement within the meaning of the Anti-Discrimination Act.

Horten Corporate Day 2016 - Danish companies at the forefront

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.

Summary dismissal for purchase of mobile tickets for the employer's account

The Supreme Court has ruled in a case where an employee purchased train tickets for private purposes from his work phone. According to the Supreme Court, the summary dismissal was justified.

Compensation for loss of capacity for work to person close to retirement age

The Supreme Court has ruled that it is without any importance to the awarding of compensation for loss of capacity for work that the person is may receive state pension within a very short time.

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.

Publication of draft Privacy Shield between the EU and the USA

At the beginning of February 2016, it was reported that the European Commission and the USA had politically agreed on a new scheme replacing the Safe Harbour scheme concerning transfer of personal data from the EU to the USA.

The Eastern High Court: Pressalit infringed Tivoli's trademark and breached the licence agreement

In January 2016, the Eastern High Court ruled in the appeal proceedings between Tivoli A/S and Pressalit Group A/S.

Gambling news - March 2016

This is a brief update on current affairs at the Danish gambling market.

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

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.

Are you ready for the new personal data protection regulation?

Does your company - private or public - meet the requirements of the applicable personal data act, and are you ready for the new amendments?

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

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.

Insurance broker avoided claim for compensation of more than DKK 1.7 million despite insufficient advice

In a recent ruling, the Eastern High Court stated that insurance advice which is not in accordance with the Executive Order on the good practices of insurance brokers may form the basis of a claim for compensation.

Ten things to know about the new water sector act

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.

After the legal action concerning road charges

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

Denmark and Greenland sign new uranium agreement – why now?

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

Tax and state aid: where are we going?

Since 2013, the Commission has investigated the member states' tax rulings to establish whether the state aid rules are violated through selective tax advantages.

The Supreme Court did not set aside an arbitration award

A new Supreme Court ruling concerning compensation for breach of a distributor agreement emphasises the binding character of awards.

The Eastern High Court: Label infringes design right

Horten represented the manufacturer of a diaper pail, Sangenic, and the High Court ruled that the use of a picture of the design-protected pail constituted an infringement of the design right.

Subsidies to agricultural activities covered by the local government mandate

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

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

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.

Supreme Court: Decisions concerning road charges were invalid

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

Attorney was not covered by the salaried employess act

The Eastern High Court surprisingly concluded that an attorney and partner at a law firm did not enjoy employee status and was therefore not covered by the Salaried Employees Act, the Holiday Act or the Contract of Employment Act.

Political agreement on new EU-US privacy shield agreement

A new political agreement between the European Court of Justice and the US is finalized, after the European Court of Justice set aside the the Safe Harbor scheme last year.

Smoking police/policy - what is the employer allowed to do?

Two new rulings clarify the scope of the employer's right to lay down smoking policies and impose sanctions in connection with violation of these policies.

Lifting of trade sanctions against Iran - possibilities and risks

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.

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

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.

EU action plan sets targets for future waste disposal

"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.

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

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.

Amendments to the Trade Act with effect from 1 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 waste sector's role in a circular economy

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.

New online dispute portal and requirements for web shops

In the future, all Danish and EU web shops must link to the pan-European online dispute portal ODR (Online Dispute Resolution). ODR will be available from 15 February 2016.

New survey: Horten among the best within trademarks

The recognised international magazine World Trademark Review (WTR) elects Horten as one of the country's leading advisers within trademark law.

New practice on diminished value in online purchasing

A failure to state the cancellation terms entitles the consumer to a full refund if the purchase is cancelled within 14 days.

Three new partners at Horten

Insolvency lawyer Ulrik Holsted-Sandgreen joins Hortens Restructuring & Insolvency team

Christmas greetings from Employment Law

The new personal data regulation is ready - increased control of own data and higher penalties

New Supreme Court judgment on asbestos and smoking

Investor protection: Horten contributes to the World Bank's Doing Business Report 2016

LEGO had not provided incorrect information when taking out insurance

VAT exemption of administrative services to investment funds and pension funds

The employer's freedom of action in bonus schemes

Horten has assisted ResMed with the purchase of the full share capital in Maribo Medico

The Danish procurement law adopted

Bill to amend the Act on recovery of debt adopted after SKAT's problems with EFI

Fundamental ruling on forfeiture of the right to loss of earnings

Pension contributions based on age were not unlawful discrimination

Horten assists Arkitektgruppen with a DKK 1.4 bn joint venture with NREP

Supreme Court rules that far-reaching injunction shall cease

Notice of holiday between Christmas and New Year

The Supreme Court: Change of supplier of canteen operation not covered by the Transfer of Undertakings Act

Payment of compensation for loss of capacity for work not binding on the employer

Horten assists Summit Partners with the sale of Welltec shares

European data protection authorities issue guidelines following Safe Harbor ruling

Horten spoke at the annual IBA conference

Investor conference at Dansk Industri - "Moving forward - perspectives on mining in Greenland"

Bill on new procurement act introduced

New legislative programme 2015/2016: Important amendments within employment law

Safe Harbor - another far-reaching EU ruling on personal data

Horten assists with SG Armaturen AS' acquisition of Riegens A/S

New EU ruling on personal data law across borders

Transfer of personal data: EU ruling emphasises the authorities' duty of disclosure

Supreme Court ruling: Full compensation for loss of holiday allowance

Supreme Court orders attorney to pay damages amounting to millions of kroner

Video: The Life Science & Healthcare sector

New ruling determines design rights' scope of protection

Criminal offence to read an employee's text messages?

Two new partners at Horten

Horten at the Husum WIND fair 2015 in Germany

Is Denmark to have a new holiday act?

Water and know-how must float across municipal borders

Acceptable to agree on a reduced holiday notice in employment contracts

Big Data or Big Confusion: Understand the data rules

Horten rated among the leading advisors within patents and trademarks

Fundamental Supreme Court ruling on disability and dismissal according to 120-days rule

Vækstfonden provides new financing solutions in Greenland

Overview: New ministries result in changes within supply and environment

Supreme Court ruling on employer's liability in sliding accidents

Cancellation of contract of employment was justified

Danish Labour Court rules against Ryanair in labour dispute

Freedom of association does not protect against discrimination during employment

The personal data regulation New agreement concerning protection of personal data

Horten assists Michael Henriksen Holding A/S with the sale of MH Gruppen to Agilitas Private Equity

Horten is the leading law firm within energy and infrastructure