Introduction In order to enforce a claim that is in default and overdue, there must be either a so-called general basis for enforcement (judgment, in-court settlement, etc.) or a special basis for enforcement. Special bases for enforcement will vary depending on the asset that needs to be realised ...
Since 2010, the Danish toy giant Lego has had a registered design right in the EU to the toy brick, commonly referred to as «the Lego brick»: Photo reference: View More
On December 22, 2023, Agder Court of Appeal issued a ruling in a case between an excavator seller and a leasing customer who had leased an excavator through a leasing company. According to the agreement between the parties, the leasing company was the formal owner of the excavator. The role as owner was however limited to financing ...
The Norwegian Bar Association’s law committees are appointed by the association’s executive board. The committees consist of members with particular expertise within the selected field. The committees follow legislation developments closely and advise within their special field of expertise. With a focus on the rule of law and quality in legislation the Bar Association’s law committees deliver around 80 statements every year ...
The Advocate General’s Opinion in Case C-449/21Towercast rendered on 13 October is interesting reading in particular in the context of «killer acquisitions». The dispute in the main proceedings before Cour d’appel de Paris concerns the question as to a supplementary or «gap-closing» application of Article 102 TFEU in relation to the national rules on merger control ...
Yesterday, the Oslo District Court issued its decision in the case. The court determined that all three PDO permits are invalid because the greenhouse gas emissions from the fields have not been adequately assessed for their environmental consequences. This is in violation of procedural rules in the petroleum law, interpreted in light of Article 112, paragraph two, of the Constitution, and the EU Project Directive ...
This pilot is a first-of-its-kind use of distributed ledger (Web3) SLC technology and is expected to deliver reduced operational costs and improved risk management for lenders. Based on natural language contract terms developed by SVW and converted to SLCs using Hunit’s AI-powered tools, MMB’s clients will benefit from simplified processes, streamlined monitoring, and improved contract fulfilment ...
Loan facilities and bond loans usually include financial covenants, which are financial metrics the borrower/issuer need to comply with during the term of the financing agreement. The Norwegian market is dominated by maintenance covenants, which means the covenants must be complied with at all times. Over the course of a few months, geopolitical unrest, high inflation and prolonged supply chain issues have led central banks to increase interest rates and lenders to increase their risk margins ...
Background In January 2022, the Hordaland District Court issued a decision that authorised the Competition Authority to conduct a dawn raid and seize evidence at Kommunal Landspensjonskasse Mutual Insurance Company (“KLP”). The dawn raid was carried out in February 2022. The seizure included, among other things, electronic material produced by KLP’s in-house lawyers ...
Has the company an updated overview of current processing in 2022? The companies must have an overview of their processing activities, and it is important that this is up to date ...
Dramatic changes to energy supply security driven by geopolitical upheaval The EU energy transition is aimed at weaning Europe of its fossil fuel dependence and to enable Europe to reach climate emissions reduction targets. For the last 100 years, energy consumption other than transportation has been supplied almost entirely by hydropower. Norway in later years has been actively reducing its dependence on fossil fuel for road transport, costal shipping and the offshore supply fleet ...
General information about legal enforcement Legal enforcement involves the securing and collection of monetary claims (and other claims) via the enforcement authorities. The general rules are set down in the Enforcement Act. The act sets out the conditions for securing and enforced settlement of monetary claims and governs the approach that must be taken in connection with this ...
The European Court of Justice ("ECJ") recently came with important clarifications regarding the implementation of mergers before merger clearance, so called "gun jumping." The topic often arises in merger cases where the parties have "signed the deal" but are awaiting clearance by the relevant competition authority. What can be done by the parties before closing post signing, and what cannot be done prior to implementation? The judgment in case C-633/16 Ernst & Young P/S v ...
Background On 20 June 2023 the Norwegian government made a proposal to amend Norwegian law by introducing regulation on gender balance for the board of directors in large and mid-sized private limited liability companies (Nw. aksjeselskaper), as well as certain partnerships, cooperatives and foundations. Previously, such requirements only applied to public limited liability companies, and the purpose of the proposal is, inter alia, to increase the proportion of women in Norwegian board rooms ...
The term «næringsdrivende» (business activity) in the Norwegian Foundation Act shall be understood as activity with taxable profit («erverv til formål») The Ministry of Trade, Industry and Fisheries’ work on amending the Norwegian Foundation Act has been going on for several years, cf. proposals for a new Foundation Act in the NOU 2016: 21. Further law amendment proposals have now been proposed in a public hearing ...
Finland and Sweden secure key arms procurement under EU security exemption The Finnish Defence Forces Logistics Command has finalized a framework agreement with the Swedish Defence Materiel Agency and Finnish arms manufacturer Sako Oy. This agreement – critical for the enhancement of both nations’ military capabilities – bypasses conventional public procurement procedures, invoking Article 346(1)(b) of the Treaty on the Functioning of the European Union (TFEU) ...
General about enterprise penalty In relation to the previous section on enterprise penalty as enshrined in section 48a of the 1902 Penal Code, discussion were had as to whether there was a requirement of Fault-based liability in the provision. In the preparatory work on section 27 of the new Penal Code, this was discussed in depth, after which it in Ot.prp. no. 27, 90 (2003-2004) s. 242 was clearly stated that the new provision should not have such a requirement ...
Yesterday, Wednesday 18 March 2020, the Norwegian Government put forward a bill which will give the Government vast authorization to fight Covid-19 and its consequences for the society. It is called the corona act. The aim is to facilitate "sound and effective measures necessary to limit the disruption of normal social functions" of the Covid-19 outbreak (article 1) ...
The word on the street is that everybody wants an ERP system, but no one wants to use it. Or rather, no one will use it the way it has been set up as a standard solution. People in general do not like changes. Therefore, the ERP system must first be adapted so that the organisation can work in the same way as it did before. Only then will the organisation be willing to use it. Present ERP systems are better and more mature compared to the ERP systems only a few years ago ...
In recent years, the intersection of economic openness and national security has prompted international policy development in various countries, including Norway. Concerns about vulnerabilities arising from foreign investments, particularly in security-sensitive sectors, have led to the revision of legislation and the initiation of supply chain assessments by trading partners ...
Regulation (EU) 2018/302 of February 28, 2018, on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market (the "Regulation") came into force, December 3, 2018. The Regulation seeks to increase access for customers in the EU and EEA to goods and services by preventing unjustified geo-discrimination due to the customer's nationality, place of residence or establishment ...
The Regulation’s overall goal is to encourage Member States to carry out Strategic Mineral Projects involving minerals such as e.g. Copper, Titanium, Nickel – battery grade, Lithium – battery grade, and Rare Earth Elements for magnets. The aim for the EU’s extraction capacity is set to be at least 10 % of the Union’s consumption of strategic raw materials ...
The EU ETS is a good step in the right direction towards reducing the EU’s total GHG emissions by 55% by 2030. The EU legislators have worked hard on this. But the respective IMO and the EU portals are still not aligned. And the EU ETS reporting starts in a few weeks ...
In a recent judgement the Court of Justice of the European Union (CJEU) concluded that an administrator of a Facebook fan page has independent obligations under European data protection law, and will be considered joint controller with Facebook for some processing activities ...
Introduction Block exemption regulations (BER) for liner shipping companies have been in place in one form or another since 1986, originally as «Conference» BER, and since 2008 as «Consortia» BER. With the discontinuation, the liner shipping segment joins other shipping segments as fully subject to the competition rules in the EU, including the prohibition against anti-competitive cooperation under Article 101 TFEU ...
