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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Norrbom Vinding Law Firm, member of ius laboris

View the listing for Norrbom Vinding Law Firm, member of ius laboris

Amendment of workplace smoking policy may be necessary ‎

September 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Health and safety at work
The amendments to the Danish Anti-Smoking Act recently entered into force, and workplace smoking ‎policies may therefore need to be amended.‎

Pay during parental leave before the Supreme Court ‎

September 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Equal Treatment Act
The question of whether EU law entitles an employee under notice to receive pay during the notice period ‎if this period coincides with a period of unpaid parental leave will be considered by the Danish Supreme ‎Court.‎

Supreme Court ruling on compensation under the Part-Time Employment

September 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Equal Treatment Act
Supreme Court ruling on compensation under the Part-Time Employment Act
 
A dental assistant who was dismissed after refusing to work full time was awarded 3 months’ pay by the ‎Danish Supreme Court.‎ 

No doubt about the Employment Equality Directive

August 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Equal Treatment Act

The Danish Supreme Court refuses to refer the issue of lower pay and termination due to age of under-18s ‎to the EU Court.
Age discrimination is prohibited by the Danish Anti-Discrimination Act and the Employment Equality ‎Directive. In Denmark, however, this general principle is subject to the derogation that employers are ‎permitted to pay under-18s less than adults and to terminate their employment once they turn 18, so ‎long as the employer is comprised by a collective agreement containing specific provisions on under-18s ‎in relation to recruitment, payment and termination.‎

Sick holiday ‎

August 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Holiday
The EU Court recently ruled that employees who fall sick during holiday are entitled to replacement ‎holiday.‎

The Danish Anti-Smoking Act amended

July 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Health and safety at work
Danish smoking rules are tightened following an amendment of the Danish Anti-Smoking Act with effect ‎from 15 August 2012.‎
 

Dispute over a name

June 2012 - EU & Competition. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Competition

An estate agent was entitled to prohibit a former employee from using his name in the promotion of a ‎new estate agency, for the name was protected as a trademark.‎

Act on the Board of Equal Treatment amended

June 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Equal Treatment Act

The revision of the Danish Board of Equal Treatment Act has only resulted in few changes. The Act was ‎revised as part of the Government’s commitment to follow up on the activities of the Board. The ‎amendment will take effect on 1 July 2012. 

Eating the cake and having it, too‎

June 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Equal Treatment Act
A purchasing assistant on maternity leave was not invited to the annual salary review and was later given ‎notice. That ended up costing the employer a sizeable amount. ‎

Compulsory retirement at 65 was legal

June 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Anti-Discrimination Act
The Danish Western High Court recently ruled in a case concerning whether the former provision in section ‎‎5a(4) of the Danish Anti-Discrimination Act was contrary to the EU law principle of non-discrimination on ‎grounds of age. The Court held that there was no basis for setting aside the former provision.‎
 

Summary dismissal for misappropriation of company property

June 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Termination of employment
An employee took a photocopier and was summarily dismissed. The summary dismissal was justified, ‎according the Danish High Court.‎

More judges in the Labour Court

May 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Equal Treatment Act
From 1 June 2012 the number of deputy judges in the Danish Labour Court will increase. Following its ‎introduction in February, the Bill has now been adopted by the Danish Parliament.‎

Was the contract terminated or not renewed?

May 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Equal Treatment Act
A fixed-term contract was held in the circumstances to be an open-ended contract. The employer’s ‎decision not to renew was therefore held to constitute termination of employment which, due to the ‎employee’s pregnancy, was in conflict with the Danish Act on Equal Treatment of Men and Women.‎

New rules on sickness during holiday

May 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Holiday
Following a recent amendment of the Danish Holiday Act, employees are now entitled to replacement ‎holiday if they fall sick during their holiday.‎
 

Summary dismissal of managing director for misappropriation

May 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Termination of employment

The High Court affirmed the lower court’s judgment that a managing director was guilty of gross ‎misconduct for withdrawing about EUR 10,000 from the company’s bank account for private purposes. ‎The company was therefore justified in summarily dismissing him.‎

When does fertility treatment begin?‎

April 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Equal Treatment Act

The Danish Supreme Court has affirmed the High Court’s decision that employees are not covered by the ‎special dismissal protection under the Danish Act on Equal Treatment of Men and Women until actual ‎fertility treatment begins.‎ 

Still summarily dismissed because of LinkedIn

April 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Termination of employment
The Danish High Court has affirmed that it was okay for an employee who was already under notice to be ‎summarily dismissed for criticising management to customers via LinkedIn.

Electronic recruitment

April 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Equal Treatment Act
Using an electronic recruitment system which requires information about applicants' age is not contrary ‎to the Danish Anti-Discrimination Act.‎

Member states entitled to provide own definition of worker

April 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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General employment law news
The EU Court recently ruled that member states are entitled to provide their own definition of what a ‎worker is – as long as the definition is not arbitrary.‎

The evidence spoke for itself

April 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Equal Treatment Act
The document with the written notice of termination had been created before the employee informed her ‎employer that she was pregnant. The reason for the dismissal was therefore not her pregnancy.‎

The Danish Supreme Court approves retention bonuses

April 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Pay- benefits - tax
The Danish Supreme Court has held in a precedent-setting ruling that it was not ‎contrary to the Danish Salaried Employees Act that an employee was not entitled to a ‎pro rata share of a retention bonus.‎

Ignorance was no excuse

March 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Equal Treatment Act
The Danish Supreme Court recently ruled that pregnant employees are still protected against dismissal ‎due to sickness absence even if the employer was not aware of the pregnancy when dismissing the ‎employee.‎

Too expensive or too old?‎

February 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination - Anti-Discrimination Act
It constituted breach of the Danish Anti-Discrimination Act when a 34-year-old man was ‎rejected for a job as store manager because the employer wanted a “younger profile”. ‎This cost the employer EUR 3,400. ‎

Life in life sciences in October – November 2011

January 2012 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Life sciences
Danish companies in the life sciences sector formed strategic alliances, were granted product approvals and took other initiatives in October and November 2011. Norrbom Vinding provides you with an overview of events:

Does A also include A + B?

December 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Patents
A German state court recently held that a supplementary protection certificate granted for the substance A also protected the combination of A+B. This may benefit a Swiss pharmaceutical company.

SPCs and combination products

December 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Patents
All active ingredients in a pharmaceutical product must be specified in the patent claims to extend patent protection by means of a supplementary protection certificate.

Employee inventor did not hit jackpot

December 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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IP & employees
A technical engineer was not entitled to compensation for three inventions made in the course of employment. The inventions were not sufficiently inventive.

Fixed-term work in Andalusia

December 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination
The EU Court has ruled that the Fixed-Term Employment Directive may extend to permanent employees in some cases.

Flying high ...

December 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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by Yvonne Frederiksen

Discrimination
A provision in a German collective agreement requiring pilots to retire at 60 was incompatible with the Equal Treatment Directive.

An end to social dumping

December 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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by Christian K. Clasen

General legal news
Foreign enterprises operating in Denmark must comply with Danish labour market practices and standards. The issue of social dumping has been addressed by the Danish Government and the Red-Green Alliance party in a new agreement.
 

Age discrimination – but no compensation

December 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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by Yvonne Frederiksen

Discrimination
Although an employee was discriminated against by not being paid statutory redundancy pay, he was not entitled to compensation under the Danish Anti-Discrimination Act.

Licensed apples

December 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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by Tom Bork Petersen

Patents
The EU Court has now established once and for all that the doctrine of exhaustion under EU law also applies to plant varieties.

The watch that got seized in customs

December 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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by Søren Christian Søborg Andersen

Trademarks

A private consumer bought a Rolex copy on the internet. But he never received the watch for it was seized by Customs in accordance with the EU Customs Regulation

An avid POG player

November 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Designs
A small metal disc could not be registered as a Community design because a more than averagely observant consumer would not see the metal disc as having individual character.

Life in life sciences in August and September 2011

November 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Life sciences
Danish companies in the life sciences sector formed strategic alliances, were granted product approvals and took other initiatives in August and September 2011. Norrbom Vinding provides you with an overview of events:
 

The crown jewel of thermal carafes

November 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Copyright and media
The Danish Supreme Court sided with Alfi, ruling that a competitor fell foul of the Danish Marketing Practices Act by selling thermal carafes that were slavish reproductions and very close imitations of Alfi’s Juwel carafe.

Who missed the time-limit?

November 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Patents
A Danish university was not liable for damages although it decided too late not to commercially exploit an invention made by one of its research scientists. For the research scientist himself should have tried to avoid his loss.

Finnish cognac? No, thank you!

November 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Trademarks
Cognac is an area in France – not in Finland. That was the reason why the EU Court did not allow a Finnish spirits manufacturer to call its product ’cognac’.

Release from collective agreements by industrial action

November 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Industrial relations
A lockout which only involved 16% of the unionised employees was sufficient to release an employer from a collective agreement. So held the Danish Labour Court.

The EU Court interprets the meaning of holiday pay

November 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Holiday
Employees’ holiday pay should correspond to their 'normal remuneration'. Where their remuneration is composed of basic pay and allowances, employees are not necessarily entitled to all such allowances on top of their basic pay.

No pay during parental leave

November 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination
A sales rep was not entitled to pay during her notice period because she was on parental leave at the time of notice.

Hitting the nail on the head

November 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Health and safety at work
An employer was not responsible for an accident where an employee hit her head on a screw. For the employer had not been negligent.
 

An important exemption

November 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination
A Danish NATO employee was not protected by the prohibition on age discrimination.

About no-hire agreements and statements of employment particulars

October 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Statements of employment particulars
A no-hire agreement can most likely not be characterised as a term of employment. ‎Therefore, employers are generally not required to inform employees about such ‎agreements by including them in the statements of employment particulars. This ‎follows from a recent Supreme Court ruling.

The statistics were clear

October 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination
It cost an employer about EUR 40,000 to dismiss a 63-year-old employee. The High Court held that she had been discriminated against because of her age.

When was your last sick day?

October 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Termination of employment It was okay to dismiss a salaried employee under the 120 sick days rule although the employee had actually been off sick for 125 days at the time of notice.

Caught between two freezers

October 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Health and safety at work
There was no link between an employee’s accident at work and subsequent sick leave. Therefore, the employer was not liable to pay compensation.

Why settle for the Netherlands?

October 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Patents
The Hague District Court recently issued an interim injunction against the marketing and sale of Samsung’s Galaxy smartphone. The interim injunction was issued at Apple’s request and covers the Netherlands and a number of other European countries.

Better homes and gardens

October 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Trademarks
A trademark was so banal as to be unregistrable, according to the General Court.

A spider caught in its own net

October 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Copyright and media
The Court of Appeal of England and Wales recently ruled that newspaper headlines collected via a spider may be copyrighted material.

No doubt about EU law

September 2011 - EU & Competition. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Holiday
In a case about entitlement to replacement holiday in the event of sickness, the Danish High Court did not believe that EU law was unclear. The Court therefore denied an application for a preliminary reference to the EU Court.

Either - Or

September 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Termination of employment
An employer who had released an employee from the duty to work could not then summarily dismiss the employee for the same misconduct.

Sorry, you are not a salaried employee!

September 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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General legal news
A trade union official was not protected by the Danish Salaried Employees Act. So ruled the Danish High Court.

A not so free bet

September 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Patents
The Swiss Supreme Court recently ruled in favour of a generic manufacturer, but also ordered it to pay costs to the patent holder. For only when the patent holder had sought an interim injunction did the generic manufacturer state that it would not market its generic copy.

You'll do the packing, we'll take the credit

September 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Trademarks

It was okay for a parallel importer of pharmaceutical products to label itself ‘repackager’ although the products were actually repackaged by another company.

DNA sequence patents … a sigh of relief

September 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Patents
The US Court of Appeals has ruled that isolated DNA sequences are patentable. But the issue will most likely only be finally determined when the US Supreme Court has ruled.

Commission in a time of crisis

September 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Pay, benefits & tax
A sales rep who was under notice and had been released from the duty to work could not have sold for EUR 32 200 in a 'dead' market. He was therefore not entitled to sales commission. But he was entitled to commission on a barter deal he had made.

What’s an undertaking?

September 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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General legal news
An EU judgment from 1995 now leads to an amendment of the rules governing collective redundancies.

Not ‘Under my umbrella’

September 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Trademarks
Two insurance businesses could each have an umbrella in their trademark. There was no reason to fear that consumers would confuse the two trademarks.

Minus 3 months and 2 weeks

September 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Patents
The EU Advocate General says that supplementary protection certificates can be issued with a negative term. This will benefit pharmaceutical companies in some cases.

No fee, no patent

September 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Patents
An unfortunate mistake with a date cost a patent holder its patent in Denmark.

Oops! - wrong address

September 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Data protection
Letters containing sensitive personal data sent to the wrong address, emails sent without encryption, and disclosure of personal identification numbers without consent. These practices were strongly criticised by the Danish Data Protection Agency.

Summarily dismissed because of LinkedIn

August 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Termination of employment
It was okay for an employer to summarily dismiss an employee who had used LinkedIn to criticise management to customers.

The inflexible mother

August 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination
It was not discriminatory for an employer to give as one of the reasons for dismissing a single mother that she was not as flexible as the other employees.

New email guidelines issued by the Danish Data Protection Agency

August 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Data protection
In a recent opinion, the Danish Data Protection Agency has issued general guidance on how employers should handle departing employees’ email accounts.

Supervision and monitoring of employees – from a data protection perspective

August 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Features
Recent years’ technological advances have provided employers with a number of new tools to monitor employee behaviour at work. If employers wish to use these tools, they must first consider a number of data protection issues.

Are you a woman of initiative?

August 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A women’s magazine used such unfortunate wording in a job advert that it fell into the discrimination trap.

Is silence golden?

August 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Data protection
It cost a former employer about EUR 3,400 to pass on information about suspected alcohol abuse at a reference interview.

The Danish Holiday Act amended

August 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Holiday Act has been amended with effect from 1 May 2011.

Life in life sciences in May – July 2011

July 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Life sciences
Danish companies in the life sciences sector formed strategic alliances, were granted product approvals and took other initiatives in May, June and July 2011. Norrbom Vinding provides you with an overview of events:

Adwords again

July 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Advocate General proposes a more lenient treatment of search ads.

One stop is enough

July 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Trademark holders can be granted an EU-wide interim injunction if they file the application with the proper court.

A question of sulphur

July 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A large Danish pharmaceutical company was right: A UK patent on an intermediate product it used was invalid.

EU patent for the umpteenth time

July 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The European Commission has introduced a proposal for closer cooperation on a common EU patent system. 25 countries are expected to vote in favour of the proposal.

A thousand times no!

July 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A manufacturer of puzzle books could not use the number '1000’ as its trademark because the number could be seen as descriptive of the product. And this is not allowed.

Life in life sciences in March and April 2011

July 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Danish companies in the life sciences sector formed strategic alliances, were granted product approvals and took other initiatives in March and April 2011. Norrbom Vinding provides you with an overview of events:

Is it possible to see a computer program?

July 2011 - Corporate & Commercial. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The EU Court of Justice recently ruled that computer screen images are not covered by the Software Directive.

Prescription medicine

July 2011 - Corporate & Commercial. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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New rules are introduced in an attempt to curb the upward trend of young people trying to commit suicide with painkillers.

One patent – many languages

July 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Collaboration between the European Patent Office and Google will make patent searching easier, quicker and more efficient.

A hefty punch from the EU Court

July 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The EU Court of Justice recently said that the plans for a common European patent litigation system are incompatible with the EU treaties.

Life begins at conception

July 2011 - Corporate & Commercial. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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EU Advocate General proposes to include all stages in the development of the human body in the Biotech Directive’s prohibition on the patentability of human embryos.

About prostate enlargement and hair loss

July 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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0.05-1.0 mg ”finasteride” against hair loss. The UK and French courts could not agree if this dose was patentable.

Welcome on the front page – but not on the internet

July 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A newspaper was not entitled to post photographs on the internet although the original agreement entitled the newspaper to keep and use the photographs.

Expensive pricing practices

July 2011 - EU & Competition. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A furniture manufacturer dictated the price of its designer furniture. Both the company and its management were made to pay for this.

Favour for a friend cost 250,000 Swedish kroner

July 2011 - EU & Competition. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A former business co-owner had to pay for helping out a competitor. Also even though there was no money in it for him.

Compensation – forget it!

July 2011 - Corporate & Commercial. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A business owner who sold off his business and was then hired as a market manager by the buyer was not entitled to compensation for post-termination restrictions.

Work longer hours or leave

May 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination
Dismissing a part-time employee who does not wish to transfer to full-time is okay – as long as the dismissal is objectively justifiable. This was confirmed by the High Court in this case.

New award levels applied

May 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Statements of employment particulars
A deficient statement of employment particulars cost the employer about EUR 1,350 because the deficiency could have meant a financial loss for the employee.

Wasn’t I allowed to do that?

May 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Termination of employment
It was not okay to summarily dismiss a sales manager who had bypassed management to make substantial changes in a distributor agreement because there was no description of the powers granted to him.

When does fertility treatment start?

May 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Discrimination
Employees are not protected from dismissal in the period preceding fertility treatment.

Bank on its knees

May 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Bankruptcy
As a general rule, undertakings must comply with the Collective Redundancies Directive even if they are being wound up. So held the EU Court in a recent judgment.

A couple of years more or less…

May 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Pay, benefits & tax
A stock option agreement held good although the ownership of the employer had changed hands.

Not without my daughter

May 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Termination of employment

The Danish Supreme Court recently ruled in a case about parents’ entitlement to time off to care for a sick child.

Again and again and …

May 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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General legal news
 
German provisions on fixed-term employment were incompatible with the framework agreement. So held the EU Court in a recent judgment.

43 - and finished?

March 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Rejecting a candidate on grounds of age should cost EUR 3,400. So the Danish Board of Equal Treatment held in this case.

Read the fine print

March 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Copenhagen Maritime and Commercial Court recently ruled that employer pension contributions and compensation for reduced capacity to work do not always have to be paid to the employee.

Difficult to breed patents

March 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The EPO recently decided that plant breeding methods are not patentable even if based ‎on biotechnology.‎

Ladyshavers and mobile phones in transit

March 2011 - EU & Competition. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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According to the Advocate General, member states are not allowed to treat goods in transit ’as if’ they have been manufactured in the member state. On the other hand, the level of proof of infringement required for member states to seize goods in customs is not particularly high.

Short and sweet

March 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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IBM for computers and M! for magazines. Short word marks are catchy. Now it may become easier to have very short trademarks registered.

Competition law – revised rules for R&D agreements

February 2011 - EU & Competition. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The European Commission recently adopted a new Regulation which specifies the R&D agreements that are covered by a block exemption.

The battle for the golden elephants

February 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A Chinese rice importer was not allowed to register a Community trademark because it was similar to a competitor’s mark. The registration was contrary to UK law, according the General Court.

Pharmaceuticals – not like other trademarks

February 2011 - Crime. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A pharmaceutical company was allowed to keep the trademark Tolposan although there is an existing product on the market called Tonopan. The General Court believed that consumers would be able to distinguish between the two products.

ECCO was sidetracked

January 2011 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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ECCO could not file a complaint against a competitor's domain name administrator. The battle for the name ‘eccodiscount.com’ had to be fought directly with the competitor

 

Short, but not necessarily sweet

January 2011 - Corporate & Commercial. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The shorter a word mark, the easier for competitors to lean on the mark without infringing. This can be seen from a case from the Copenhagen Maritime and Commercial Court.

 

Life in life sciences in October and November

January 2011 - Corporate & Commercial. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Danish companies in the life sciences sector formed strategic alliances, were granted product approvals and took other initiatives in October and November 2010. Norrbom Vinding provides you with an overview of events:

Fight over football results

December 2010 - Corporate & Commercial. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An English court would not rule on all issues in a case about copyright and database rights to football results because the ‘transmission’ took place abroad.

Just press ’record’!

November 2010 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The ECJ has approved the use of ’blank media levies’ as a means to ensure that musicians and writers receive reasonable compensation when their works are copied by consumers.

Anti-depressants led to damages for the UK

November 2010 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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It cost the UK EUR 33.25 million to breach EU law in a case concerning marketing authorisation of an anti-depressant.

One interim injunction against two parties in the same judicial district

November 2010 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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In one and the same proceeding, a patent holder successfully applied for an interim injunction against two competitors who were infringing its patent and design.

Disloyal team manager

November 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employee breached his duty of loyalty by discussing with some colleagues during his notice period his plans to set up a competing business.

Danish Government’s legislative programme

November 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Health and safety at work, freedom of information and general deregulation are some of the themes of the Government’s legislative programme, which was introduced last week.

Part-time employees are entitled to ”full” compensation for work-related injury

November 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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In the assessment of incapacity for work, part-time employees must be treated in the same way as full-time employees if they did not have a limited capacity for work before the injury was sustained and if they are working part-time only as a temporary measure. So the Danish Supreme Court ruled in two precedent-setting cases.

Amendment of the Danish Holiday Act?

November 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Minister for Employment sees a risk that the ECJ will overturn the Danish provisions concerning sickness-affected holiday. New rules may therefore be on their way.

Need for generational change acknowledged

November 2010 - Corporate & Commercial. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Advocate General did not believe that Bulgarian provisions on compulsory retirement of university professors are incompatible with the prohibition on age discrimination in EU law.

Divisional patent applications can be filed until expiry of appeal period for the parent application

November 2010 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The final body of appeal of the European Patent Office recently established that divisional patent applications may be filed during the appeal period for the parent application even if the applicant eventually decides not to appeal the refusal of the parent application.

EUR 1.4 million deposit as security for damages was not increased

November 2010 - Finance. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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If a company defending an injunction application requests a higher amount as security than that fixed by the enforcement court, it is a matter for the High Court. This principle was recently established by the Copenhagen Maritime and Commercial Court.

Kitchen handles were too ordinary

October 2010 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Copenhagen Maritime and Commercial Court was not convinced that long stainless steel kitchen handles could be copyright or design protected. They were simply too ordinary.

From bean to flour

October 2010 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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When soybeans are made into flour, the DNA sequences that make the beans Roundup resistant lose their effect. Therefore, importing the flour to the European Union did not infringe the patent.

A deal is not always a deal

October 2010 - Corporate & Commercial. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Copenhagen Maritime and Commercial Court recently ruled that anti-competitive agreements are void and unenforceable, even if they form part of a licence deal.

Shut up or infringe a patent

October 2010 - Litigation & Dispute Resolution. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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By telling a journalist of his company’s intention to place a generic version of a pharmaceutical product on the market before the competitor’s patent expired, a CEO was guilty of patent infringement.

Lego toy brick before the ECJ

October 2010 - Intellectual Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The well-known three-dimensional shape of the Lego toy brick cannot be protected as a Community trademark. So said the European Court of Justice in a recent judgment.

Parental leave not reason for dismissal

September 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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It is okay to dismiss an employee on parental leave if the employer is able to show that the reason is a decline in business.

Prison sentence to undercover journalists

September 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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There are limits to how far journalists can go in order to get their hands on a good story. Two journalists were therefore given a 20-day suspended prison sentence for going undercover at a care centre.

The letter that never arrived

September 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employer was unable to prove that the warning of summary dismissal sent by post had in fact reached the employee. Thus, the summary dismissal was unjustified

Employers’ age discrimination of under-18s legal

July 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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On 30 June 2010, the Danish Eastern High Court established that the provisions and the practice on a number of areas covered by collective agreements, supporting a lower pay for employees under 18 years and termination of the employees when they turn 18, cannot be deemed to constitute a violation of the Employment Equality Directive (Directive 2000/78/EC of 27 November 2000).

Danish Holiday Act amended

July 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Ministry of Employment wants to stop employees speculating in having their holiday pay paid out. This has resulted in an amendment of the Danish Holiday Act.

”Honey” was not sexual harassment

July 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Close physical contact and calling an employee “honey" was not enough to prove that a manager had sexually harassed an employee.

Doubt about how to interpret part-time leave agreement

July 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Board of Equal Treatment was not satisfied that an employer’s interpretation of an agreement about part-time leave was in breach of the Danish Act on Equal Treatment of Men and Women.

Part-time and fixed-term employment in the EU

July 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Three provisions of Austrian law about part-time and fixed-term employment met with opposition at the European Court of Justice – they were held to be at odds with EU law.

Public-sector managers, too, are entitled to freedom of speech

July 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Parliamentary Ombudsman has established once again that public-sector employees enjoy a high degree of freedom of speech.

The Danish Posting of Workers Act amended

June 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Stricter duty to notify when posting employees to Denmark – new Act adopted.

Retention of football players

June 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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It is not a barrier to the free movement of labour for sports clubs to require players they have trained to sign their first professional contract with the club.

Maximum compensation under the Danish Statement of Employment Particulars Act

June 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Copenhagen City Court recently awarded a woman 20 weeks’ pay: her employer never issued a statement of particulars although she had asked for one.

Fined for employing an illegal foreign national

April 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Some foreign nationals need a residence and work permit in order to work in Denmark. If they do not hold such a permit, it may cost their employer a fine.

The Danish Marketing Practices Act offered no safeguard

April 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Marketing Practices Act only offers limited protection against former employees’ competitive activities. This was shown by a ruling from the Danish Maritime and Commercial Court.

Stricter duty to notify

April 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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New Bill proposes stricter duty to notify for employees posted to Denmark

Dismissal of pregnant employee was justified

April 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Employers are allowed to terminate a pregnant employee’s employment if able to prove redundancy due to a decline in orders. This is shown by a judgment from the Danish Western High Court.

A clean home became a costly convenience

April 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The first private individual has now been convicted of using a house cleaner without a residence or work permit. The Danish Supreme Court set the fine at DKK 40 000.

ECJ endorses the Danish social partners' Cooperation Agreement

April 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Information and Consultation Directive does not require a higher level of protection for employees sitting on a cooperation committee – this was recently established by the European Court of Justice.

The Danish Marketing Practices Act offers limited protection

February 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Employers should be aware that the Danish Marketing Practices Act only offers limited protection against former employees’ competitive behaviour.

Remuneration practices in the financial sector

February 2010 - Finance. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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On 27 January 2010, the Danish Government presented its – long awaited – proposal to regulate remuneration and bonus structures in the financial sector.

4 weeks’ compensation for not being issued with a statement of employment particulars

January 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The two Danish High Courts maintain a compensation level of between 2 and 6 weeks’ pay for deficient statements of employment particulars

Breach of Community law resulted in liability for damages

January 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Trade unions are liable to pay damages when breaching Community law by taking industrial action. This was held by the Swedish Labour Court in the so-called Laval case.

High Court affirms judgment on age discrimination at the Central Customs and Tax Administration

January 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Eastern High Court agreed with the Copenhagen City Court: age was a factor when the Central Customs and Tax Administration relocated a number of staff to a new office in another part of Denmark

CEO could be summarily dismissed

January 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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It is all right to summarily dismiss a CEO if he has made the company pay his private expenses

Collective agreement on statements of particulars extends to non-unionised workers as well

January 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The collective agreement for local government employees in Denmark, the KTO agreement, also covers non-unionised local government employees with respect to its provisions on statements of employment particulars. An employer was therefore entitled to correct an employee’s statements of particulars without having to pay compensation

Running a marathon while off sick

January 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employee may be off sick and still run a marathon – if so prescribed by his doctor. This was made clear by the Danish Eastern High Court in this ruling.

Mother of disabled child awarded compensation

November 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Also the parents of a disabled child are protected against discrimination if they provide the main share of the child’s care.

Does sickness entitle employees to replacement holiday?

November 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A recent ECJ judgment interprets the rules on replacement holiday in the event of sickness, but does not definitively answer the question of whether employees are entitled to replacement holiday if they fall ill during their holiday.

Collective redundancies in groups of undertakings

November 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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When a parent company is contemplating collective redundancies in one or more subsidiaries, the subsidiary in question must not consult the potentially affected employees until the parent company has made the strategic decision that forces the subsidiary to consider the option of redundancies.

Employee's fixed-term contract was not terminated during maternity leave 05-10-2009

October 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Email correspondence about leave extension was not a promise to extend the contract

Landmark ruling on footballers’ terms of employment

October 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The collective agreement between players and clubs not binding on the Danish Football Association (DBU) 01-10-2009

Non-competition clause set aside as unreasonable

October 2009 - EU & Competition. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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If a non-competition clause is unreasonable, it may be set aside based on an overall assessment of facts

 

Not unlawful absence

September 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Summary dismissal for failure to turn up for work usually requires advance warning

From driver to customer manager to driver again

September 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A change in work responsibilities may constitute a dismissal if it means that the employee loses his or her white-collar status

Simplification of data transfer rules

September 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Data transfers between administrative authorities are now governed by the Danish Data Protection Act alone

The High Court interprets the Equal Treatment Act

September 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employee planning to adopt her civil partner’s child was protected by the Danish Act on Equal Treatment of Men and Women

Language requirements did not constitute discrimination

September 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Taking into account a candidate’s Danish language skills was not contrary to the Danish Anti-Discrimination Act

Change in working hours constituted discrimination

August 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employer breached the Danish Act on Equal Treatment of Men and Women by changing a pregnant employee’s weekly working hours from 37 to 27

DKK 25 000 for failure to provide statement of employment particulars

August 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employer failed to provide an employee with a statement of employment particulars and was ordered to pay DKK 25 000 in compensation because it created considerable uncertainty about the employment relationship.

Dismissal on grounds of union change

August 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employer was not justified in dismissing an employee who changed union. The employee was thus awarded compensation of DKK 300 000.

Inability was not enough to summarily dismiss

August 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Continued poor performance is not enough in itself to justify summarily dismissing an employee already under notice. Particularly not if the poor performance is a result of the employee’s inability to do his job.

Dismissal on grounds of change of union

July 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employer was not justified in dismissing an employee who changed union. The employee was thus awarded compensation of DKK 300,000.

Informal talks not contrary to the Danish Health Information Act

July 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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It did not fall within the scope of the Danish Health Information Act when an employee discussed her back problems with her employer

Failure to deduct taxes

July 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employer who had deducted too little tax by mistake could deduct the balance from the December payroll

Failure to deduct taxes

June 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employer who had deducted too little tax by mistake could deduct the balance from the December payroll

More powers to the Parliamentary Ombudsman

June 2009 - Litigation & Dispute Resolution. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Parliamentary Ombudsman may now also monitor quasi-governmental bodies and private sector institutions governed in whole or in part by administrative law.

Dismissal of employee who wanted clarification was unjustified

June 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employer was not justified in dismissing an employee who asked for clarification and discussion of work responsibilities and priorities.

Okay to dismiss pregnant woman for double-jobbing

June 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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It is okay to dismiss an employee whose extra job takes up so much time as to risk affecting the main job - even if the employee is pregnant Employers are entitled to expect their employees not to take on any extra jobs that will affect their performance in the main job. This is shown by a new district court case.

Wedding turned into summary dismissal

June 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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If an employee needs a day off and the day is a normal work day, the absence must be authorised by the employer or otherwise legitimised, for instance by sickness – and it is for the employee to show that the absence has been authorised. The Danish Western High Court so held in a case where a shop assistant and her employer disagreed about whether she had been given time off to attend a wedding.

Difficult to dismiss pregnant employees - regardless of poor finances

June 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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An employer who dismisses a pregnant employee will not necessarily fall foul of the Danish Act on Equal Treatment of Men and Women. But the employer will have to prove that the reason for the dismissal was not pregnancy-related.

Painting contractor liable in damages

May 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Employers may be liable in damages to their employees if they fail to organise work properly and inform them of any risks associated with the work. This was established by the Western High Court.

Simplification of data transfer rules

May 2009 - TMT ( Technology, Media & Telecoms). Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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New Bill proposing to regulate data transfers between administrative authorities by the Danish Data Protection Act alone

Mother and daughter could work together

May 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A hospital did not want to hire a midwife because her mother was already working as a midwife at the same hospital. That refusal was not justified, according to the Danish Ombudsman.

Work permit no longer required for Eastern European workers

May 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The most recent Bill to amend the Danish Aliens Act, which intended to abolish the transitional arrangement for workers from the new EU member states, has been adopted by the Danish Parliament with effect from 1 May 2009.

Paternity leave and pregnancy

May 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Two complaints, two decisions: the Danish Gender Equality Board has made two decisions on dismissal on grounds of pregnancy and childbirth-related leave

When did the employer give notice of termination?

May 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Employers should always get written evidence of when notice of termination is given. This principle was recently stressed by the Western High Court.

The Central Customs and Tax Administration found guilty of age discrimination

May 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Age was a factor in the Central Customs and Tax Administration’s selection of employees for relocation to a new office. This was established by the Copenhagen City Court in a precedent-setting case.

Duty to conduct sickness absence interviews

May 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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New Bill proposes to require employers to interview employees on sick leave

Thief on duty

May 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Employees may be liable to pay damages to their employers if they steal from the client whose premises they are guarding

Loyalty bonus was okay

April 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Judgment reinforces case law which has established that employers may operate a loyalty bonus scheme so long as the terms and conditions are clear

Sick employees will not lose holiday entitlement

April 2009 - Corporate & Commercial. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Under Community law, employees on sick leave are entitled to take paid holiday at a later stage or receive a payment in lieu. This principle was recently underlined by the European Court of Justice.

Taxi driver dismissed for pregnancy

April 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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A pregnant taxi driver was awarded 9 months’ pay after being dismissed for pregnancy

No work permit required for Eastern European workers

April 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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From 1 May 2009, workers from the new EU member states will have access to the Danish labour market on equal terms with other EU nationals, according to a new Bill introduced by the Danish Ministry of Refugee, Immigration and Integration Affairs

Redeployment of health and safety representative

April 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Before dismissing a health and safety representative, employers must find out if redeployment is possible

Penalty for breach of no-hire agreement

March 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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23-02-2009 - Did an encouragement to employ amount to an indirect agreement to employ? 'Yes’, said the Danish Western High Court.

Bank rescue package announced

March 2009 - Finance. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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17-02-2009 - Curb on executive pay in the financial sector

More rights to research institutions

March 2009 - Litigation & Dispute Resolution. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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10-02-2009 - Act amending the Danish Act on Inventions at Public Research Institutions

Dismissal of pregnant woman was not unfair

February 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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06-02-2009 - Although found to have breached the Danish Act on Equal Treatment of Men and Women twice, an employer successfully proved that a pregnant employee had not been dismissed on grounds of pregnancy or childbirth.

No proof of employment agreement

February 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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02-02-2009 - A job applicant was not entitled to pay during the notice period or compensation for failure to provide a statement of employment particulars. The applicant failed to prove that he had been hired in the first place

A no-hire clause is a material term of employment

February 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Must a no-hire clause be mentioned in the statement of employment particulars? The Maritime and Commercial Court says ‘yes’ and awards DKK 75 000 in compensation

Men in shorts

February 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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20-01-2009 - If women can wear shorts to work, so can men. This was established by the Danish Gender Equality Board in a discrimination complaint.

Heavier fines for health and safety violations

February 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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15-01-2009 - Heavier fines for health and safety violations are now a reality. The amendment of the Danish Working Environment Act, which includes a doubling of fines, has come into force.

Failure to provide statement of particulars costs DKK 10 000

February 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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08-01-2009 - The High Court has now ruled that it will cost an employer DKK 10 000 if no statement of employment particulars is provided. The judgment must be expected to affect future award levels.

Double price for violating the Danish Working Environment Act

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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22-12-2008 - Fines for health and safety violations to double. A Bill intended to reduce the number of accidents at work introduced by the Danish Minister for Employment

Relaxation of business visa rules

January 2009 - Litigation & Dispute Resolution. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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17-12-2008 - The Danish Parliament has passed the Bill introduced by the Danish Ministry of Refugee, Immigration and Integration to relax and improve the efficiency of business visa rules

Illegal competition costs

January 2009 - EU & Competition. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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01-12-2008 - He poached customers and colleagues to his new business. The aggressive entrepreneur ended up with an order to pay damages to his former employer.

Compensation for age discrimination

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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26-11-2008 - Nine months’ pay for unfair dismissal. That was the outcome for an employee who succeeded in an age discrimination suit.

The Danish Salaried Employees Act construed in landmark case

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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14-11-2008 - The Danish Supreme Court delivered a landmark judgment 2 days ago, approving the dismissal of 2 employees at a shorter notice than under the Danish Salaried Employees Act.

Controller was summarily dismissed for tax fraud

January 2009 - Tax & Private Client. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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07-11-2008 - Creative accounting cost a controller a summary dismissal. But tax fraud is a serious breach of trust for a controller, so that was okay in the Court’s view.

Relaxation of business visa rules

January 2009 - Litigation & Dispute Resolution. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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17-12-2008 - The Danish Parliament has passed the Bill introduced by the Danish Ministry of Refugee, Immigration and Integration to relax and improve the efficiency of business visa rules.

Amendment of EU Residence Regulations

January 2009 - Real Estate & Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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29-10-2008 - The Danish Ministry for Refugee, Immigration and Integration Affairs has amended the EU Residence Regulations. The amendment is based on the ECJ’s decision in Metock to overturn Irish family reunification provisions.

Danish Government's legislative programme

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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20-10-2008 - Digital sickness benefits, larger fines for health and safety violations and planned labour market reform – the Danish Government's draft legislative programme comprises a number of different proposals.

No new stock options in Danish banks

January 2009 - Finance. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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08-10-2008 - The new agreement for stability in the financial sector bans new stock option plans and renewal of existing plans

ECJ overturns national family reunification provisions

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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01-09-2008 - In July 2008, the European Court of Judgment (ECJ) delivered its judgment in a case about family reunification. The implications of the judgment on Denmark’s immigration rules have been the subject of lively media debate in recent weeks: will it open up our borders to immigration and will it affect Danish immigration policy and its employment policy aspects?

Discrimination by association

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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26-08-2008 - A legal secretary worked at an English law firm. She was the mother of a disabled child and the primary carer for him. In 2005 she resigned. Afterwards she brought a claim of disability discrimination and constructive dismissal against her former employer on the grounds that she had been treated less well than her colleagues and had been forced to resign because she was the primary carer for her son.

Six months' salary awarded in compensation under the Danish Act on Equal Treatment of Men and Women

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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21-07-2008 - A bankrupt company had to let all of its employees go, but the majority was offered employment with a new company which had acquired the activities.

ECJ Advocate General:

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Extending a collective agreement which implements the Proof of Employment Relationship Directive to cover non-union members does not conflict with EU law

Amendment of the Danish Sickness Benefits Act - the employer paid period extended

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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04-07-2008 - In May 2008, the Danish Parliament amended the Danish Sickness Benefits Act to increase the period in which the employer must bear the cost of salary paid during sickness or sickness benefits from 15 to 21 calendar days. Only after this period will the employer be entitled to claim a refund of the sickness benefits to compensate for some or all of the cost of sickness benefits or salary paid during sickness. It will still be possible for small employers to take out sickness benefit insurance and to agree a refund of sickness benefits with the relevant local authority in case of long-term or permanent sickness.

Amendment of 25% tax scheme for key employees and scientists

January 2009 - Tax & Private Client. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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24-06-2008 - On 3 June 2008, the Danish Parliament passed an amendment to s 48E of the Danish Tax at Source Act to make the 25% tax scheme for highly paid key employees and scientists more flexible and favourable on a number of points. The main features of the amendment include:

The ECJ rules on social security provisions for migrant workers

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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24-06-2008 - The case concerned a single mother of two living in Germany and working in Holland. The German authorities had refused to grant child benefits, arguing that she was covered by Dutch legislation. Under Dutch legislation, she would not have been entitled to child benefits because her children were already 18 years old. A number of questions arose concerning the interpretation of the rules on the application of social security schemes to migrant workers and their families.

The Danish Equal Pay Act amended

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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20-06-2008 - The Danish Parliament recently amended the Danish Equal Pay Act with effect from 15 August 2008. The amendment implements the recast Equal Treatment Directive (Directive 2006/54/EC of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)).

Easier access for migrant workers

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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17-06-2008 - The most recently proposed Bill to amend the Danish Aliens Act by securing easier access for qualified migrant workers has now been passed.

New EU Residence Regulations

January 2009 - Real Estate & Property. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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22-05-2008 - The Danish Minister for Refugee, Immigration and Integration Affairs recently issued regulations on the right of foreign nationals covered by EU rules to stay in Denmark, also known as the EU Residence Regulations.

High Court upholds homosexual harassment ruling

January 2009 - Litigation & Dispute Resolution. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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19-05-2008 - In February this year, the High Court affirmed the district court's ruling from March 2007 (see article of 11 April 2007).

Relaxation of requirements for migrant workers from the 10 new EU countries - new rules adopted

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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28-04-2008 - The Bill to relax the work permit requirements of the Danish Aliens Act for nationals of the 10 new EU member states – Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia – has now been passed by the Danish Parliament to come into force on 1 May 2008.

Amendment of the Danish Administration of Justice Act - court-based mediation now a permanent option

January 2009 - Litigation & Dispute Resolution. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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23-04-2008 - The Danish Parliament recently amended the Danish Administration of Justice Act to introduce a permanent national court-based mediation scheme following pilot testing at selected courts. The results were so positive that the scheme has now been made permanent.

New Act on the Danish Labour Court and Industrial Arbitration Tribunals

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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19-03-2008 - The Danish Parliament recently passed a Bill on the Danish Labour Court and industrial arbitration tribunals, which replaces the former Danish Labour Court Act.

Bill to ease work permit requirements of the Danish Aliens Act - the East Agreement

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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18-03-2008 - The Danish Minister for Integration Affairs recently tabled a Bill to amend the Danish Aliens Act. In addition to providing the statutory basis for revising the current transitional arrangement for nationals of the ten "new" EU Member States (Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia), the Bill proposes to strengthen the Government's clamp-down on illegal work.

Bill to amend the Danish European Works Councils Act passed

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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14-03-2008 - The Danish Parliament recently passed the Bill to amend the Danish European Works Councils Act which formed part of the Government's legislative programme. The new Act implements the most recent amendment to the underlying Directive. The Bill was described on this website on 16 November 2007.

Planned simplification of business visa rules and administration

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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06-02-2008 - The Danish Ministry of Refugee, Immigration and Integration Affairs set up a task force in June 2007 to look at options for slimming down business and tourist visa rules and administration.

Contractual retirement age

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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03-01-2008 - As previously reported on this website, the minimum compulsory retirement age under the Danish Anti-Discrimination Act has risen from 65 to 70 with effect from 1 January 2008. This change will affect not only employment contracts signed after 1 January 2008, but also existing employment relationships.

Weekly working hours not changed after period of considerable overtime

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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07-12-2007 - In July 2005, a woman was employed as a retail sales assistant. It was agreed that she would work 20 hours every week, but over a couple of months she worked a considerable amount of overtime.

DKK 1 million penalty imposed on employer for breach of collective agreement

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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(statement of employment particulars) 03-12-2007 - In this case, the Court was asked to determine whether an employer was liable for a penalty under the collective agreement for giving inadequate statements of particulars and also for failing to give any at all.

Landmark Danish judgment on footballers’ terms of employment

November 2007 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Football Association (DBU) not bound by collective agreement between players and clubs

Another relaxation of the Eastern Europe Agreement

July 2007 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish political parties behind the Eastern Europe Agreement recently agreed to further relax the Agreement, which is a transitional scheme to help Danish businesses recruit from the 10 new EU Member States (Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia).

New Act to require listed companies to lay down guidelines for executive incentives

July 2007 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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As part of the Danish Government's drive for greater transparency of executive pay packages, the Danish Commerce and Companies Agency sent out to consultation earlier this year a Bill to require listed companies to lay down guidelines for their executive incentive schemes. The resultant Act was passed on 1 June 2007.

The Danish Taxation of Pension Schemes Act incompatible with the Treaty

June 2007 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Judgment by the European Court of Justice (case C-150/04)

On 30 January 2007, the European Court of Justice (ECJ) delivered judgment in a case concerning the Danish Taxation of Pension Schemes Act and whether it conflicts with the freedoms guaranteed by the Treaty, i.e. freedom of movement for workers, freedom of establishment, freedom to provide services within the EU and free movement of capital.  

Bill to ban smoking introduced

June 2007 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Government and a number of the political parties represented in the Danish Parliament agreed in late 2006 to ban smoking in Danish workplaces and the resultant Bill was recently introduced.

Bill to ban smoking introduced

May 2007 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Government and a number of the political parties represented in the Danish Parliament agreed in late 2006 to ban smoking in Danish workplaces and the resultant Bill was recently introduced.

Easier access to residence and work permits in Denmark

April 2007 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Job Card Scheme essentially provides foreign nationals with a fast-track route to residence and work permits for up to 3 years if they have a job offer in hand and the job is on the approved list of job categories.

The Danish Taxation of Pension Schemes Act incompatible with the Treaty

April 2007 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Judgment by the European Court of Justice (case C-150/04)

Bill to ban smoking deferred

April 2007 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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In late 2006, the Danish Government and a number of the political parties represented in Parliament agreed to implement a comprehensive ban on smoking in public places and workplaces. The Bill introducing the ban on smoking was to be drafted by the Ministry of the Interior and Health and enter into force on 1 April 2007.

No entitlement to severance pay upon retirement at fixed retirement age

December 2005 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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In his employment contract, an employee E was covered by a provision with the following wording: ”The Salaried Employee is under an obligation and will be entitled to retire without notice when reaching 65 years of age, unless otherwise agreed”. In pursuance of this provision, E retired from his position with the company C when he reached 65 years of age.

Judgment in leading case sets aside the parents' right to split parental leave

October 2005 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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{mosimage}The Eastern High Court has recently ruled in a case which was previously tried before the Gender Equality Board in the autumn of 2003.

New judgment from the Danish Supreme Court on non-competition clauses

July 2005 - EU & Competition. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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In April 2005, the Danish Supreme Court rendered a judgment regarding a former employee's right to compensation for an unenforceable non-competition clause. The employee had been dismissed due to factors relating to the company. According to the employment contract, the employment was governed by the Danish Salaried Employees Act, and the employee was bound by a non-competition clause for up to 1 year after the effective date of termination.

Pilot's liability to pay damages for discontinuing service upheld by the Danish Supreme Court

April 2005 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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In its judgment of 13 January 2005, the Danish Supreme Court found for the Danish Ministry of Defence in respect of the Ministry's claim that a pilot was liable to pay damages for discontinuing his service 17 months prior to the expiry of his term of 13 years (until attaining the age of 33).

Penalty for breach of fidelity clause contrary to Danish Salaried Employees Act

March 2005 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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Judgment from the Danish Eastern High Court.

The case concerned the question whether an employee, M, was in breach of a fidelity clause and a non-competition clause.

Supreme Court judgment in leading case on headscarves

February 2005 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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On 21 January 2005, a unanimous Supreme Court upheld the Eastern High Court's judgment of 18 December 2003 and, thus, acceded to the Eastern High Court's assessment that a large Danish retail chain was entitled to summarily dismiss an employee who announced that after five years' employment she intended to wear a headscarf because of her Muslim faith.