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Bridging the COVID-19 Liquidity Gap: New Political Agreement regarding Danish State Guarantee Schemes
Plesner, July 2020

On 15 June 2020, a political agreement was reached between the Danish Government and a number of Danish political parties regarding gradual phase-out of certain existing COVID-19 aid packages which are to be replaced with a comprehensive economic recovery package designed to boost the Danish economy following the outbreak of COVID-19...

The Danish Regions Propose to Establish a Treatment Council
Plesner, December 2019

The Danish Regions have proposed a new model for establishing a so-called Treatment Council which is to assess whether the price of treatments and health technology measure up to the effect for the patients. The model will now go out for consultation.   The purpose and scope  In their proposal, the Danish Regions want to establish a Treatment Council which is to make recommendations regarding the use of medical devices and health technology...

Pilot Scheme for Risk Sharing in the Reimbursement System as Part of the Growth Plan for Life Science
Plesner, July 2018

The Danish government has now published its life science growth plan, which aims at making Denmark a leading life science nation in Europe. The growth plan is based on the recommendations submitted by the Growth Team for Life Science. Plesner has previously reported on the topic.1  The growth plan contains 36 initiatives in 6 key areas. One of the many initiatives is a pilot scheme for risk sharing in the drug reimbursement system...

New Requirements for the Connection of Power-Generating Facilities are Underway
Plesner, July 2018

In recent years the European Commission has issued numerous regulations setting out various network codes and requirements aimed at improving the security of energy supply within the EU. As Denmark is a member of the EU these regulations are directly applicable in Denmark...

Denmark Establishes National Genome Center
Plesner, June 2018

Earlier this year the Danish parliament adopted a new Act to establish a national genome center that will develop and run a nationwide information infrastructure for personalised medicines. The National Genome Center will provide a common infrastructure with capacity for genome sequencing and a national genome data base. Persons within the healthcare sector and patients will receive information on the use of patient treatment...

VAT Wrongfully Charged on Radio and TV Licence Fees
Plesner, August 2017

 In Denmark, SKAT charges VAT on radio and TV licence fees. Households pay a licence fee to the Danish Broadcasting Corporation (DR), which then pays the VAT amount to SKAT. The VAT amount makes up 20 per cent of the total licence fee.Last year, the Court of Justice of the European Union held that it was unlawful to charge VAT on licence fees in a case concerning Czech radio licence fees...

Dismissal of 62-Year Old Teacher Did Not Constitute Discrimination
Plesner, August 2017

In a decision made earlier this year, the Board of Equal Treatment established that the dismissal of a 62-year old teacher did not constitute discrimination on the grounds of age. The board found it proven that the teacher''s competence profile could best be dispensed with in connection with the educational institution''s forward-looking need to cover lessons with a reduced number of teachers...

Employee's claim for adjustment was statute-barred
Plesner, June 2017

Following an industrial arbitration award in 2012, a teacher in an educational institution became aware that, for a long time, he had been subject to a wrong collective agreement and had therefore not received enough salary. Against this background, a dispute arose regarding, inter alia, adjustment of salary, overtime pay, holiday pay and pension contribution for the period 1 October 2007 - February 2009. Judgment of 30 May 2017 from the Danish Eastern High Court...

The Danish Government's Growth Team for Life Science Presents 17 Recommendations
Plesner, March 2017

The Danish Government's Growth Team has just Presented its Recommendations for how to Strengthen Denmark's International Position within Life Science. This happened at a Press Conference with the Participation of the Chair of the Growth Team, Kåre Schultz and the Minister for Industry, Business and Financial Affairs, Brian Mikkelsen...

Ministry was liable for damages, since the Danish Holiday Act had not been aligned with EU law within the stipulated time. However, in the specific case, the employee was not entitled to compensation
Plesner, January 2017

Judgment of the Danish Supreme Court dated 19 January 2017 The case involved the issue of whether the Ministry of Employment had become liable in damages in regard to an employee in a company, due to the fact that the right to replacement holiday in the event of illness occurring during holiday had not been implemented in Danish law at the time at which the employee became ill during his holiday in the summer of 2010...

The Government's Legislative Programme Within the Area of Employment and Labour Law 2016/2017
Plesner, November 2016

The Danish government has presented its legislative programme for the parliamentary year 2016/2017. The programme contains a number of upcoming proposals for amendments within the area of employment and labour law, including e.g. proposals for amendments of the Danish Holiday Act, the Danish Childbirth Act and the Danish Public Servants Act...

Dangro Invest Sold to American Pension Fund
Plesner, September 2016

Dangro Invest A/S that has farm land investments in Poland has just been sold to an American pension fund. Plesner has advised Dangro Invest A/S's board of directors with respect to the transaction.Dangro Invest A/S was previously owned by 416 private shareholders, primarily Danish farmers, and over a number of years the company has built up a commercial plant cultivation business in Poland...

Zoetis Acquires Scandinavian Micro Biodevices for USD 80 million
Plesner, August 2016

Zoetis, the animal health company, has acquired Danish biotech company Scandinavian Micro Biodevices for USD 80 million (approximately DKK 533 million). Plesner assisted Zoetis with the transaction. Zoetis Inc. has acquired Scandinavian Micro Biodevices ApS for the purpose of extending its pipeline of veterinary diagonistics products...

The right to change preselected entities in open tendering
Plesner, May 2016

By a judgment of 24 May 2016 in the MT Højgaard/Züblin case (Case C-369/14), the Court of Justice of the European Union has pronounced on the possibilities of changing the identity or the composition of a preselected entity during an award procedure. The case was a result of E...

Obesity was not a disability
Plesner, April 2016

Obesity was not a disabilityThe judgment in the obesity case - which has caused quite a stir both in Denmark and the rest of the world - has finally been delivered.The case involved a Danish childminder who for more than 15 years had worked for a municipalitywhere he had provided childcare services in his own home. On 22 November 2010, the childminder was dismissed due to a decreased number of children in the municipality...

Summary dismissal due to unauthorised use of company mobile phone
Plesner, April 2016

According to the Danish Supreme Court's judgment of 17 March 2016, an employer's summary dismissal of an employee was justified due to the employee's use of his company mobile phone for the purchase of train tickets by means of an app, after which the expense was paid over the phone bill. The case involved an employee who - by virtue of his position as system developer - had been provided with a company mobile phone...

Staff Manual - an integral part of the Employment Contract?
Plesner, April 2016

This question was addressed by the Danish Board of Equal Treatment in its decision of 3 March 2016. The Board found that a provision in the staff manual - stipulating the termination of the employment relationship when the employee had reached the age of 70 - could not, as a matter of course, be considered to form part of the specific employment relationship...

It is not allowed to accept a non-salaried assignment on the board of directors in a competing company
Plesner, February 2016

According to judgment of 5 February 2016 from the Danish Western High Court, an employer's summary dismissal was justified in consequence of the employee's non-salaried assignment on the board of directors in a competing company. The case involved the question whether an employee had acted disloyally to his former employer when he became a member of the board of directors in another company during his release period...

New rules regarding restrictive covenants after 1 January 2016
Plesner, January 2016

A new bill on restrictive employment covenants has been adopted. Restrictive covenants concluded after 1 January 2016 will be subject to the new rules. We have listed some of the key changes below. Non-competition clauses can now only be entered into with employees who hold a very special position of trust. Previously, it was only a requirement that the employee held a special position of trust...

No New Act on Restrictive Employment Covenants this Time Around
Plesner, June 2015

Bill on restrictive employment covenants revoked due to call for parliamentary elections in Denmark, scheduled to take place in June 2015. Due to the Danish Prime Minister's call on 27 May 2015 for parliamentary elections, all bills that have not yet been passed are revoked, including Bill No. L 196 on Restrictive Employment Covenants which should have entered into force on 1 July 2015...

Brand new Rules for Restrictive Covenants in Employment Contracts
Plesner, May 2015

In future, it will be much more difficult for Danish companies to make use of special restrictive covenants in connection with hiring employees. That will be the result if a new bill on restrictive employment covenants is adopted. The bill includes a tightening of the rules on the use of non-competition and non-solicitation clauses whereas non-hire clauses will practically be prohibited.On the face of it, the new rules will provide more flexibility for the employees...

Arbitration in the Mining Industry in Greenland
Plesner, December 2014

It has long been known that Greenland possesses vast amounts of mineral resources. But due to climate changes, resulting in a rapid meltdown of ice caps in the Arctic regions, it is now getting easier to discover and exploit the mineral resources. The costs of exploring and exploiting minerals continue to decrease, and many experts believe that Greenland will become the next frontier within the mining industry...

The "Bella Donna" Floor Now Also Available To Men
Plesner, December 2014

Also men are now allowed to book a room on the "Bella Donna" floor - the design of hotel floors for women only is discriminatory. This was established by the Danish Eastern High Court by judgment of 25 April 2014. In this case, one of the largest hotels in the country had established a floor for women only. This floor had a number of additional amenities not to be found on the other floors, including special toilet ware, flowers, and a particularly efficient hand shower...

Updating of LinkedIn Profile Deemed as Breach of Non-Competition Clause
Plesner, December 2014

The City Court of Aarhus has established that two former employees' updating of their personal LinkedIn profiles while being subject to a non-competition clause was a breach of the clause. The case involved two employees who had given notice of termination in order to take up employment in a competing company...

Summary Dismissal For Being Seven Minutes Late For Work
Plesner, December 2014

A summary dismissal of a salaried employee who was seven minutes late for work was justified according to the judgment of 27 May 2014 delivered by the City Court of Glostrup. The case involved an employee appointed as deputy manager in a supermarket who repeatedly showed up late for work - typically only a few minutes. It had been emphasised on various occasions to the employee that he had to show up for work on time - but without result...

 

 

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