Latest updates

Maritime and Commercial High Court interprets definition of 'visible damage'
Windahl Sandroos & Co
  • Shipping & Transport
  • Denmark
  • November 29 2017

A recent Maritime and Commercial High Court decision concerning the carriage of a consignment of different types of medical product found that smoke contamination constituted visible damage under the Carriage of Goods by Road Act. The decision underlines the importance of inserting reservations into waybills when a consignee has reasonable grounds for doing so and illustrates the dire consequences of failing to do so.

Influence of reputed trademark on marketing practices
Awapatent
  • Intellectual Property
  • Denmark
  • November 20 2017

The Maritime and Commercial High Court recently granted Danish company Dyrup A/S a preliminary injunction without security against Nowocoat International A/S for design and layout infringement of Dyrup's wood protection products. This decision is notable, as the majority of judges found that it was possible for end-consumers to disregard a well-known trademark and recognise a product only by its design, while also confusing it with another product.

Significant Supreme Court decision considers choice of law principles applicable to direct action claims
Windahl Sandroos & Co
  • Shipping & Transport
  • Denmark
  • November 08 2017

The Supreme Court was recently tasked with deciding the law applicable to direct action claims. The decision is noteworthy, as the court analysed the choice of law question of direct action independently from the choice of law principles relating to the contract of insurance and lex loci delicti. The wording of the Supreme Court's decision suggests that the choice of law analysis applied only in respect of the question of direct action.

Marine engine subcontractor not liable towards shipowner under product liability law
Windahl Sandroos & Co
  • Shipping & Transport
  • Denmark
  • October 04 2017

The Supreme Court recently passed down its decision in a product liability appeal case between a manufacturer of marine engines and a Danish shipowner. The pivotal question before the court was the distinction between damage to the defective product itself, which was not compensable under product liability law, and other property, which was compensable.

Jurisdiction clause agreed by insurer and insured does not bind injured party claiming directly against insurer
Windahl Sandroos & Co
  • Shipping & Transport
  • Denmark
  • September 06 2017

The Port of Assens recently brought legal proceedings before the Danish Maritime and Commercial Court against the insurer of a Swedish carrier for damages caused by a chartered tugboat. The judgment was appealed to the Danish Supreme Court, which requested a decision from the European Court of Justice (ECJ). The ECJ found that a jurisdiction clause agreed between an insurer and an insured does not bind an injured party claiming directly against the insured.

Court finds that leaving trailer for two days at petrol station does not constitute gross negligence
Windahl Sandroos & Co
  • Shipping & Transport
  • Denmark
  • August 09 2017

The Maritime and Commercial Court recently examined a claim of gross negligence by a Danish trading house against a Danish carrier following the theft of clothing from a trailer that had been left unprotected at a petrol station for two days. The court found that gross negligence exists in the case of theft from an unprotected trailer only if the carrier has been instructed that special precautions must be followed to avoid theft and it fails to follow such measures.

When does copyright protection exist in Denmark?
Awapatent A/S
  • Intellectual Property
  • Denmark
  • July 24 2017

The bar for copyright infringement of industrial works in Denmark is rather high. A copy must be very similar to an original work and an original work cannot be of a simple or technical nature. In a recent Commercial and Maritime Court case, the Danish ceramics company Kähler's Omaggio series of vases and candleholders was granted copyright protection and Bovictus A/S's KJ collection was found to infringe Kähler's copyright.

Recommendations for new energy policy
Bruun & Hjejle
  • Energy & Natural Resources
  • Denmark
  • July 10 2017

The government-established Energy Commission recently filed its recommendations for the future energy policy. The commission's report forms part of the policy preparation for the next stage of Denmark's green transition. The central message of the recommendations is that to reach the goal of a low-emissions society by 2050, an ambitious and long-term energy policy must be established by 2020.

Court decides that towage company entitled to mobilisation costs covered by another contractor
Windahl Sandroos & Co
  • Shipping & Transport
  • Denmark
  • June 21 2017

A recent Maritime and Commercial Court decision considered whether a charter agreement could be interpreted to the effect that the charterer's liability to pay mobilisation and demobilisation costs should be unenforceable if these costs were covered by another charterer.

Question of jurisdiction for claim against carrier under Brussels I Regulation
Windahl Sandroos & Co
  • Shipping & Transport
  • Denmark
  • June 14 2017

In a recent Maritime and Commercial Court case, the cargo insurer of a Danish seller claimed that the court had jurisdiction to hear the proceedings that it had brought against a Dutch terminal and a Danish carrier following a lost food consignment pursuant to Article 8(1) of the Brussels I Regulation. However, the court found that Article 8(1) could not establish jurisdiction for the cargo insurer's claims against the terminal and the carrier.

Reasonable return on invested capital in heating supply sector
Bruun & Hjejle
  • Energy & Natural Resources
  • Denmark
  • April 10 2017

In several energy supply industry sectors, profits are allowed only as a reasonable return on invested capital subject to regulatory control. This applies, for example, to the electricity distribution, gas distribution and heating supply sectors. The Danish Energy Regulatory Authority is in the process of establishing new methods and principles for determining a reasonable return on invested capital across the different sectors.

Risk of damage amounting to total loss
Windahl Sandroos & Co
  • Shipping & Transport
  • Denmark
  • March 22 2017

A recent Maritime and Commercial Court decision illustrates that a report obtained from a reliable third party can have a conclusive effect when examining the extent of damages. The decision also illustrates that failure to comply with public regulations when storing goods may constitute damage amounting to a total loss when there has been a possibility of the goods being damaged or contaminated, regardless of whether it has been demonstrated that the goods have been affected.

Ministry of Employment liable for replacement holiday damages
  • Employment & Benefits
  • Denmark
  • March 08 2017

In a recent decision, the Supreme Court considered whether the Ministry of Employment was liable for damages regarding replacement holiday. The court found that the Danish authorities had set aside EU law and were liable for damages. However, as the employee's holiday had taken place in 2010 – before the Holiday Act should have been amended – the employee was not entitled to compensation.

Designer banned from using own name as trademark
Awapatent A/S
  • Intellectual Property
  • Denmark
  • March 06 2017

A recent Supreme Court case explored the right of individuals to use their own names, an issue on which the general public has strong opinions. The court stated that where a person has used his or her own name as a trademark and assigned the trademark to a third party, the principle of good marketing practice entails that he or she is then prevented from using the name as a trademark for goods or services similar to those for which the trademark was registered.

Court finds that Danish bill of lading terms prevail over common German conditions of freight forwarding
Windahl Sandroos & Co
  • Shipping & Transport
  • Denmark
  • February 15 2017

A recent Copenhagen Maritime and Commercial High Court case examined a situation in which both parties, immediately before the formation of a contract, referred to their own standard terms and conditions. This is commonly known as the 'battle of the forms'. The case illustrates the problem which arises when contracting parties, while focusing on issues essential to a specific deal, are less conscious of questions such as the choice of venue for resolving disputes.

Court awards historically high damages in patent case
  • Healthcare & Life Sciences
  • Denmark
  • February 08 2017

The Maritime and Commercial High Court recently awarded Teva Denmark A/S €13.45 million in damages and €594,000 in legal costs in a patent case. This is the largest amount of damages ever awarded in a Danish patent case and will therefore be subject to thorough review when constructing arguments on damages in future cases.

Contract on unloading of cargo governed by some, but not all, CMR sections
Windahl Sandroos & Co
  • Shipping & Transport
  • Denmark
  • February 01 2017

Pursuant to a recent Maritime and Commercial Court judgment, when works excluded from the scope of the Convention on the Contract for the International Carriage of Goods by Road (CMR) are performed subject to the CMR as a contract term, either reference should be made to the CMR as a whole, or all relevant clauses of the CMR which are to govern the contract should specifically be incorporated by reference.

Repackaging parallel imported pharmaceuticals – new interpretation of necessity requirement
  • Healthcare & Life Sciences
  • Denmark
  • December 14 2016

The Maritime and Commercial High Court recently referred to the European Court of Justice the question of whether a trademark holder can lawfully object to the continued marketing of a parallel imported, repackaged pharmaceutical product on which its trademark has been reaffixed if the trademark holder has marketed the product in the same volume and packet size in other European Economic Area countries.

Revisions tabled in 2016/2017 legislative programme
  • Employment & Benefits
  • Denmark
  • December 14 2016

The government recently presented its legislative programme for the parliamentary year 2016/2017. The programme contains a number of upcoming proposals for amendments within the area of employment and labour law, including proposed amendments to the Holiday Act, the Childbirth Act, the Public Servants Act, the Working Environment Act and the Vocational Training Act.

Supreme Court asks ECJ whether jurisdiction clause binds third-party proceedings against P&I insurer
Windahl Sandroos & Co
  • Shipping & Transport
  • Denmark
  • December 07 2016

The Supreme Court recently requested guidance from the European Court of Justice on whether an injured party which, under national law, may bring proceedings directly against the liability insurers of the liable party is, under EU law, bound by the jurisdiction clause of the policy between the insurer and policyholder. The request follows an appeal by a Danish port for liability claims against Lloyd's of London.