Finland updates

Aviation

Will Finland ever ratify the Cape Town Convention?
  • Finland
  • 24 March 2021

Despite the Ministry of Justice's long-term project to ratify the Cape Town Convention, it has published no developments on the matter in more than a decade. Because the Cape Town Convention remains unratified and the aircraft mortgage and register legislation outdated and deficient, valuable aircraft parts (eg, engines) cannot be separately registered in the aircraft register. Therefore, the use of aircraft engines as a separate security asset from the mortgaged airframe is limited under Finnish law.

Finnish aviation market update: sale and lease backs and COVID-19 sniffer dogs
  • Finland
  • 04 November 2020

The primary Finnish airline company, Finnair, has announced that it will discontinue five of its domestic routes by Spring 2021. Finnair's decision was heavily influenced by the COVID-19 crisis and related travel restrictions, although the cancelled routes had already been challenging in terms of profitability before the pandemic. This article examines these changes to the domestic aviation market and other initiatives established due to the ongoing pandemic.

Fate of domestic routes post-COVID-19 hangs in balance
  • Finland
  • 05 August 2020

To reduce losses following the COVID-19 crisis, primary Finnish airline company Finnair has suspended many of its loss-making domestic flights to eastern and western Finland. One possible way to save the suspended domestic flight routes would be for the government to provide direct state aid to airlines that wish to operate them. However, such state aid would require EU Commission notification and approval.

Recent developments in Finnish aviation industry
  • Finland
  • 10 June 2020

The Finnish state (which is Finnair's majority shareholder) has provided a guarantee of up to €600 million to assist Finnair in strengthening its financial position and mitigate the impact of the COVID-19 pandemic. This did not go unnoticed by Finnair's competitors – Ryanair challenged the guarantee given by the Finnish state, alleging that the guarantee constitutes unlawful and discriminatory state aid in accordance with EU state aid rules.

Impact of COVID-19 on Finnish air travel
  • Finland
  • 25 March 2020

Finnair recently announced that it is cutting 90% of its normal flight capacity due to the COVID-19 outbreak and consequently cancelling the majority of its flights temporarily as of 1 April 2020 until the situation regarding the coronavirus pandemic improves. The cancellation will affect between 1,500 and 2,000 flights from 16 March 2010 until 31 March 2020, with only critical air connections for Finland maintained.


Employment & Immigration

Contributed by Waselius & Wist
New rules concerning non-compete obligations in employment contracts
  • Finland
  • 17 March 2021

Under the Employment Contracts Act, employers and employees may agree on non-compete obligations only in limited circumstances. However, in practice, the criteria are vague and non-compete obligations have been used more commonly than what was originally intended. The reform of the Employment Contracts Act aims to change this situation and ensure that employers carefully consider when to include non-compete obligations in employment contracts.

Not all those who wander are lost; not all those who work are employed
  • Finland
  • 10 March 2021

Most employees work in a traditional employment relationship. However, work is also performed in circumstances where labour legislation does not extend its protection to workers. While the position of workers may in many ways resemble the position of employees, the details may be crucial. This article highlights what employers need to know about who is classified as an employee in the gig economy.


Insolvency & Restructuring

New statute amends Bankruptcy Act
  • Finland
  • 16 August 2019

The Bankruptcy Act has been amended by a statute which came into force on 1 July 2019. The amendments aim to simplify and accelerate bankruptcy proceedings. This article focuses on amendments that affect the position of creditors located outside Finland, such as those concerning the lodgement of claims, dates of creditors' meetings and the bankruptcy and restructuring proceedings case management system.

Bankruptcy estate liability for mutual real estate company's maintenance charges
  • Finland
  • 19 April 2019

The Eastern Finland Court of Appeal recently ruled on a bankruptcy estate's liability for a mutual real estate company's maintenance charges. This decision further defines the scope of bankruptcy estates' liabilities and is a logical continuation of Supreme Court precedent in this area. As payments of bankruptcy estates' administrative expenses are privileged compared with claims against debtors, the definition of 'administrative expenses' should be interpreted cautiously.


Intellectual Property

Contributed by Berggren Oy
IP litigation and alternative dispute resolution options
  • Finland
  • 12 April 2021

In Finland, the validity of IP rights (except copyrights) is examined by the Finnish Patent and Trademark Office. The question of whether one party has infringed another party's valid IP rights may be addressed through litigation. A specialised IP court may be a good choice in certain circumstances. However, various alternative dispute resolution mechanisms are also available, depending on the IP right and the dispute in question.

Patent licensing – interview
  • Finland
  • 05 April 2021

​​​In this podcast, Berggren partners Mariella Massaro and Robert Alderson interview Sonja London, licensing executive at Nokia, visiting lecturer at Aalto University, Finland, and past president of the Licensing Executives Society Scandinavia. Sonja discusses the importance of building commercialisation strategies, processes and data systems to increase efficiency in managing licensing programmes. She also speaks about her experience in standard essential patent licensing and litigation in Europe.