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Firm: Delphi

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Proposals for New Rules Concerning Agricultural Land Leasing
Delphi, June 2015

The Swedish Association of Landowners has called for a modernisation of the rules concerning agricultural land leasing. As a result, the work to renew the legislation, which is over forty years old, is now underway. Above all, two issues have come into focus: the lateral leaseholder’s security of tenure and the possibility of a “results-based rent”...

Counterfeiting is Increasing – How can you Defend Yourself?
Delphi, June 2015

Is your business affected by counterfeiting? If so, you are not alone. A newly released study shows that almost all intellectual property dependent companies listed on the NASDAQ OMX Stockholm 30 Index have been affected. Moreover, most expect that the problem will continue to grow. Better political support is required to stem this development, but companies already have several weapons available to use against the counterfeiters...

Mediation In Sweden: A Viable Alternative
Delphi, September 2014

The starting point for mediation in commercial disputes is that the parties themselves are in the best position to resolve the dispute, instead of entrusting it to an arbitrator or a judge. In this way, the parties retain control over their conflict, thus increasing the opportunities to reach a flexible solution. In this article we will briefly review the alternatives offered by the public courts in Sweden when a dispute already has emerged...

“Simplifications” in the Planning and Building Act (PBL) - A Political Rush Job?
Delphi, June 2014

On 2 July 2014, the new regulations regarding further building permit exemption measures will come into effect. Among the news is the opportunity to construct 25 m2 ancillary residential dwelling without requiring a building permit. However, the amendments are not entirely without controversy and have been met by strong criticism from several respondents...

3D Printers – A Host Of Possibilities But Not Entirely Without Problems
Delphi, June 2014

The technology to “print” three dimensional objects with a 3D printer is not new, but as prices for the technology fall it becomes more readily available for private individuals. The possibilities that open up when individuals get access to 3D printers trigger the imagination, but the accompanying issues are not without complications. The technology, and the new areas of use to which it is put, also raises many questions, particularly regarding intellectual property rights...

Technology In Medical Consumption Articles - A Dead End?
Delphi, June 2014

The high cost threshold system or public procurement: The Swedish pharmaceutical subsidy system is based on a high cost threshold system for consumer products such as prescription medicines sold to end consumers via pharmacies. The relatively generous system also includes some medical devices; certain consumption articles prescribed for self-care use are included, as these in practice for the patient are considered to fulfill a similar function to prescription medicines...

Regional Discount Agreements in Sweden: A Legal Minefield
Delphi, May 2014

Regional governments in Sweden are increasingly looking to leverage their purchasing power in order to secure discounts and rebates on the list prices of branded drugs.  However, as noted by Elizabeth Eklund, Partner at leading commercial law firm Delphi, such agreements risk running foul of both Swedish and European Union (EU) law...

Better Possibilities to Report Cartels and other Suggested Amendments of the Swedish Competition Act
Delphi, March 2014

On 3 March 2014, the Government presented the bill ”Enhanced competition supervision” (Sw: “Förbättrad konkurrenstillsyn”) (Governmental Bill, prop. 2013/14:135) which contains several suggested changes to the Swedish Competition Act which relate, inter alia, to leniency and the possibility to suspend time limits during merger control assessments...

Tax Incentives for Research and Development
Delphi, March 2014

A payroll tax reduction with potential savings of up to SEK 2,760,000 per annum is available from January 1st 2014 for companies conducting research and development (R&D) on a full or part time basais. According to the new rules, the payroll tax amount for the associated salaries for persons working in R&D can be reduced by 10 per cent which equates to SEK 230,000 per month on a group level (SEK 2,760,000 per annum)...

Liability for Freight Cost for Ordered Transport Services – Are your Procedures Correct?
Delphi, December 2013

The Swedish court of appeal (hovrätten över Skåne och Blekinge) decided in May this year that the party ordering a transport service also is liable for payment of such service; regardless of if the parties have agreed that the receiver of the goods or any other party shall be the receiver of the invoice.  In this case a seller of goods has agreed with a carrier that the freight should be invoiced the receiver of the goods...

Parent Company Liability for the Environmental Liabilities of its Subsidiary
Delphi, September 2013

In June 2013, the Land and Environment Court handed down a judgment in a case concerning parent company liability for environmental pollution caused by a  subsidiary, (Case No. M 11429-12). Initially, we give a brief description of the term operator followed by an account of the judgment in question...

The Future for the Procurement Assistance
Delphi, September 2012

Earlier this year, the Inquiry regarding Procurement Services published its opinion "The future for the Procurement Assistance". The Inquiry’s mission is to propose how procurement assistance should be coordinated in order to increase competence, availability, consistency and visibility for procurement market participants...

A Better Environment – Reduced Emissions – Industrial Emissions Survey SOU 2011:86
Delphi, September 2012

BackgroundIndustrial activities are of great importance to Europe’s financial wealth. Industrial emissions, however, cause environmental pollution and industrial emissions constitute a major part of Europe’s total emissions to air, water and soil. Consequently, there is a need for regulation of industrial operations at an EU level.In view hereof the so-called IPPC Directive (Integrated Pollution Prevention Control) was adopted in 1996...

Mandatory E-Commerce for Certain Government Authorities
Delphi, September 2012

On October 1, 2012, changes in Regulation (2003:770) on government authorities’ electronic information exchange enter into force. The changes involve an obligation for a number of government authorities to implement e-commerce, and from May 31, 2013 handle all of their orders for supplies and services electronically. In this article Kristian Pedersen and Ingrid Sandstedt present the new rules...

Latest News Regarding the European Commission’s Modernization of the State Aid Rules and Swedish State Aid News
Delphi, September 2012

While the European Commission’s extensive modernization of the state aid rules proceeds, Sweden will have to wait for a national legislation regarding the application of the European Union’s state aid rules since the legislative process has been delayed. As case law from the Swedish courts show, Swedish administrative courts have to assess state aid cases by applying the Swedish Act on Local Governance...

Lower fees for re-use of public sector information – the PSI Directive and cases from the Swedish Competition Authority
Delphi, September 2012

To enable a broader and more effective market for re-use of information collected by public sector bodies the EU decided in 2003 to introduce a common set of minimum rules regulating these questions. The rules contain amongst other things a limitation of how high the fee charged for public sector information may be calculated...

Revised Swedish Anti-Bribery Legislation
Delphi, September 2012

Effective July 1st, 2012, the new revised Swedish legislation on bribery  entered into force. The last time this area was more thoroughly revised was in 1977. The previous regulation was criticized for being both inaccessible and outdated. In 2009, the Swedish Government therefore appointed an Inquiry to review the provisions then in force, aiming to create a more modern legislation better adapted to its purpose...

EU harmonisation of the copyright originality criterion
Delphi, June 2012

As a consequence of a number of copyright rulings from the CJEU, the Swedish threshold of originality requirement is being superseded by an EU originality criterion. In this article, Henrik Bengtsson, IP expert at Delphi in Stockholm, reports on the development and the possible impact on the harmonisation of Swedish copyright law...

Swedish Spring Budget 2012
Delphi, June 2012

On April 16, 2012 the Swedish government submitted the 2012 spring budget to parliament. On the same day, the Ministry of Finance released a memorandum with proposed changes to tax legislation, which was sent for consideration. It is proposed that most of the changes come into effect on January 1, 2013. Below you will find a short summary of the key changes in the memorandum...

New legislation on the direct award of contracts to affiliated companies
Delphi, June 2012

On the 10 May 2012, the Swedish parliament enacted a permanent exemption to the Swedish Public Procurement Act (2007:1091) (“LOU”) for the direct award of contracts to affiliated companies.[1]Parliament also decided to enact an option for municipalities and county councils to delegate the competence to make decisions in relation to public procurement procedures to central purchasing bodies...

Stockholm District Court rules on “coach tour-cartel” – minority shareholders beware
Delphi, June 2012

When a company acquires a minority share in a competing company, legal issues concerning price-fixing, market sharing, exchange of information etc. may arise if the companies in question do not continue to regard each other as competitors. This situation has recently been tried in a judgment from the Stockholm District Court where the coach tour operators, Scandorama and Ölvemarks were ordered to pay fines of SEK 6.8 million and SEK 4.6 million respectively...

European Commission proposes modernisation of State Aid rules
Delphi, June 2012

The European Commission (“Commission”) issued on 8 May 2012 a communication, EU Modernization of the State Aid Rules, (COM(2012) 209 final), (“Communication”) to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions...

Delphi Tax Alert
Delphi, June 2012

In a previous newsletter (no. 1, April 2012) we described the Swedish government’s proposal on limitation of interest deductions. The bill was circulated for comments, which has now resulted in an amended proposal which, as a whole, follows the initial proposal. The most significant change in the amended bill concerns the reversed general exemption...

Work environment liability with respect to the principle of legality and acquisitions
Delphi, June 2012

The question of liability for the work environment is increasingly in focus as are the demands on those parties who are responsible for knowing what applies and for taking action in accordance with these demands. Below, we address two aspects of the work environment issue and the importance of both investigating and being aware of the applicable provisions. I...

When responsibility has a price
Delphi, June 2012

The Supreme Court makes clear that a party that has started to clean up contamination caused by another party is also deemed to be a business operator. This gives rise to joint and several liability for the original contamination. The fact that remedial work was intended to reduce the environmental impact is of no importance. Background A company which was later incorporated into JM Värmdöstrand (“JM”) operated a casting works from the 1940s to the 1980s on a site in Oxelösund...

 

 

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