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WSCO Advokatpartnerselskab | Denmark | 8 Sep 2021

Time limitation for claims under NSAB 2015 conditions and gross negligence

In a recent case, the court established that an assignment relating to the performance of security checks, which must be carried out in accordance with public law rules, can be undertaken as a commercial service and as such must be delivered pursuant to the General Conditions of the Nordic Association of Freight Forwarders.
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WSCO Advokatpartnerselskab | Denmark | 1 Sep 2021

Time limitation for recourse claim against sea carrier is not generally limited to two years from cargo delivery date

In a recent judgment a decision that a recourse claim made by a sea carrier against a Danish shipping line had become time barred was set aside. The court decided that the limitation period will begin to run only from the time when the carrier itself seeking recourse has paid compensation or where a lawsuit that is the basis for the claim has been filed against the carrier.
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Norrbom Vinding | Denmark | 1 Sep 2021

Parliament approves joint whistleblower schemes for corporate groups

The European Commission first presented a proposal for a new directive to increase protection for whistleblowers who report violations of EU law in April 2018. It was adopted following a series of adaptations in October 2019 and must be implemented by all member states by December 2021. Parliament has finally passed the EU whistleblower directive into Danish law, which for the time being will......
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WSCO Advokatpartnerselskab | Denmark | 25 Aug 2021

Road carrier liable for temperature damage to cargo despite no instructions on transport temperature

The Copenhagen Maritime and Commercial Court recently considered a case concerning liability for damages caused by a cargo of frozen fish being transported at the wrong temperature. The Court referred to Danish case law, which holds that instructions given to a driver in connection with loading a booked cargo – after the transport agreement has been entered into – generally cannot impose......
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Gorrissen Federspiel | Denmark | 29 Jul 2021

Competition Appeals Tribunal decides on information exchange in dual distribution cases

The Competition Appeals Tribunal has upheld two separate decisions of the Competition Council involving the illegal exchange of information between the brand Hugo Boss and two Danish clothing retailers. The tribunal agreed that the parties' exchange of information on prices, discounts and quantities in relation to future sales on the retail market constituted an infringement by object of......
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WSCO Advokatpartnerselskab | Denmark | 20 Jul 2021

When should damage be considered primary or secondary?

In the aftermath of storm Bodil, which struck between 5 and 6 December 2013, determining whether water and moisture damages to building facades should be considered a primary damage or a secondary damage became a crucial point of consideration for the Arbitration Court for Building and Construction.
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Berggren Oy | Denmark, Finland, Iceland, etc. | 12 Jul 2021

Nordic countries dominate EIS again

The Nordic countries have long enjoyed a reputation for being among the most business friendly locations for innovation-oriented enterprises. The recently released European Commission's 2021 Innovation Scoreboard, which ranks countries based on factors such as their information technologies and intellectual assets, reflects the innovative culture and the effective support provided by the......
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Gorrissen Federspiel | Denmark | 10 Jun 2021

CAT upholds decision on tying in postal sector

The Competition Appeals Tribunal recently upheld the Competition Council's finding that FK Distribution used its power on the market for the distribution of unaddressed mail (print circulars) to gain a competitive advantage, which was not based on its own merits, on the market for the distribution of digital circulars. The decision shows the importance of market definition in abuse of......
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WSCO Advokatpartnerselskab | Denmark | 25 May 2021

Construction all risks insurance – challenges with LEG3 coverage

In Denmark, construction all risks insurance covers damage in connection with a construction. It is an 'all risk' insurance, which means that most damage is covered unless directly excluded in the insurance terms. However, primary damage is not generally covered. As several players in the construction industry demanded coverage of primary damage, the London Engineering Group (LEG) introduced......
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WSCO Advokatpartnerselskab | Denmark | 5 May 2021

Is an FOB seller which receives a bill of lading bound by its jurisdiction clause?

The Maritime and Commercial Court recently considered whether a freight on board seller which had received a bill of lading as a receipt for delivery of cargo was bound by said bill of lading's jurisdiction clause. This decision addresses the question of whether a consignor which is not a party to a transport contract but merely delivers cargo to the ship that will perform the voyage may be......
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