The Danish Competition and Consumer Authority recently reported a case of bid rigging in the demolition industry to the State Prosecutor for Serious Economic and International Crime. Six companies and a number of executives from each company have now been charged. This is the first case in Denmark in which the defendants risk imprisonment due to the infringement of competition law. Prison sentences for such offences were introduced in 2013.
The High Court of Western Denmark recently decided in favour of a Danish cost insurance and freight (CIF) seller in a jurisdiction dispute involving a Czech buyer. The court found that the CIF clause agreed under the International Commercial Terms 2010 stipulated that the place of delivery under the contract was located in Denmark and that the Danish court seized had enjoyed jurisdiction under the EU Brussels I Regulation.
The Competition Council recently found that Swedish pharmaceutical distributor CD Pharma AB had abused its dominant position in Denmark by charging excessive prices. The Competition Council ordered CD Pharma not to engage in similar behaviour in future and referred the case to the State Prosecutor for Serious Economic and International Crime for criminal prosecution.
A new executive order, which provides a framework for how grid companies can cover operational costs and return of investment, will be one of the most important tools for such companies going forward. The executive order stipulates the rules governing the prices that electrical grid companies can charge consumers to cover the costs of running the grid and has introduced a five-year regulation period.
The Supreme Court recently decided a case on appeal from the Maritime and Commercial Court concerning whether the latter had jurisdiction to hear proceedings that a Danish seller 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. The Supreme Court reversed the Maritime and Commercial Court's decision and found that the conditions for applying Article 8(1) had been fulfilled.
A recent Maritime and Commercial Court case concerned liability for damage to a container transported from Denmark to the United States. The bill of lading included a network liability clause which limited liability to $500 per package when damage or loss occurred during sea carriage or where the damage occurred could not be localised. The court found that the damages had been caused during the land transport leg in the United States and therefore the carrier's liability could not be limited.
A bill to amend the Danish regulations on the registration of ships under Section 2 of the Merchant Shipping Act was recently passed with the aim of attracting non-EU and non-EEA merchant shipowners and shipping and management companies to the Danish flag. The bill's main innovations include an increasingly transparent activity requirement, multiple ways of satisfying this requirement and an equal establishment requirement that applies to EU and non-EU shipowners.
Due to a recent agreement between the government and the Danish People's Party, solar and wind power projects will compete for state subsidies for the first time. Under the new subsidy model, the solar power, land windmill or near-shore windmill projects which deliver the highest amount of megawatts for the lowest price will receive subsidies until the budget is allocated. Subsidies will be awarded as a fixed additional charge to the electricity cost.
The Maritime and Commercial Court recently found that bad weather during sea carriage that results in cargo damage does not exempt a carrier from liability if the weather conditions were forecast or not unusual in the geographical location in question during the relevant season. However, the judgment provides no guidance on the liability issues that arise if the prevailing weather conditions render it impossible to conduct repairs of defects that occur in a container being carried at sea.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.