Firm Profile > Holst, Advokater > Aarhus, Denmark
Holst, Advokater Offices
HANS BROGES GADE 2
8000 AARHUS C
Holst, Advokater > The Legal 500 Rankings
Insolvency Tier 3
Holst, Advokater is praised as 'one of the most specialised insolvency teams in Denmark when it comes to restructuring and other insolvency proceedings in the construction sector'. Henrik Steen Jensen's group also has experience on the debtor side of restructurings, particularly those involving out-of-court solutions to avoid formal bankruptcy proceedings. Agriculture companies, construction companies and other financial creditors are among its key clients.
Henrik Steen Jensen
Other key lawyers:
‘Has vast knowledge within the building industry and has handled many insolvency cases regarding construction companies.’
‘Søren Skov has extremely high theoretical skills and is one of the most pleasant people to work with. You never really doubt his judgement and he always finds the right solution.’
‘The team is one of the most specialised insolvency teams in Denmark when it comes to restructuring and other insolvency proceedings in the construction sector. Henrik Steen Jensen has over the last 10 years been involved in most of the major insolvencies within the Danish construction sector.’
‘Henrik Steen Jensen is the key figure in the Holst insolvency team. He has for years been advising construction companies and the financial creditors in these companies on insolvency matters.’
Atradius, Filial af Atradius Crédito y Caución S.A. de Seguros
y Reaseguros, Spanien
Djurslands Bank A/S
Euler Hermes Danmark, Filial af Euler Hermes S.A, Belgien
Jyske Bank A/S
Nordea Danmark, Filial af Nordea Bank Abp, Finland
Spar Nord Bank A/S
Vestjysk Bank A/S
Real estate and construction Tier 3
While Holst, Advokater has a notable track record in large non-contentious construction projects, the practice is also praised by clients for its 'strong credentials' in construction disputes including high-value litigation and arbitration proceedings. The group is led by Carsten Led-Jensen and Holger Schöer, who joined from Kromann Reumert in 2019. It also has expertise in real estate transactions, particularly the sale and purchase of property companies.
Holger Schöer; Carsten Led-Jensen
‘The great strength of the team lies in the fact that it has a size that accommodates all the competencies we need, without it being so large that it’s difficult to navigate.’
‘They are very thorough and always ready to help, especially at short notice.’
‘Holst, Advokater provides advice and assistance with a high degree of insight into legal matters relevant to the construction industry.’
‘A very skilled law firm with strong credentials for its work on disputes within the construction industry.’
‘Holger Schöer is extremely good at dissecting issues and making the possibilities visible.’
‘Carsten Led-Jensen is an exceptional lawyer within construction law.’
‘Carsten Led-Jensen is responsive and commercial and has great market and technical knowledge. He is very good at breaking down complex matters into a digestible form. He is highly skilled, very knowledgeable and understands clients’ needs.’
Aalborg Energie Technik A/S
JV ZMM Nordhavnen
CAH II A/S
NRE Denmark A/S
Kemp & Laurtizen A/S
Kirk Property A/S
Hundsbæk & Henriksen A/S
Enemærke og Petersen A/S
De Forenede Ejendomsselskaber A/S
AFRY/ÅF Buildings Denmark P/S
Jørgen Friis Poulsen A/S
Schmidt Hammer Lassen Architects LLP
MT Højgaard A/S
Arbejdernes Almene Boligselskab
Tryg Forsikring A/S
Transtema Group AB (Sweden)
GA Ejendom A/S
Holst, Advokater > Firm Profile
The firm: Holst, Advokater was established in 2007 and provides commercial advisory services under the highest professional and ethical standards, based on the firm’s corporate culture and core values and co-operation structured to cater for its clients’ needs for flexible advice. Based in Aarhus, the second largest city in Denmark, the firm supplies value-adding solutions in close co-operation between clients and its skilled employees.
Areas of practice
Capital markets: Holst, Advokater advises companies and shareholders on stock exchange law, and also advises financial institutions and companies on aspects including loan agreements, leasing and financing schemes.
Construction and real estate: Holst offers highly specialised advice on all stages of construction projects, with in-depth experience in litigation and dispute resolution before the ordinary Danish courts and arbitration tribunals. The firm advises on construction contracts and finance and international construction projects based on the FIDIC rules.
Corporate and commercial: the practice has in-depth experience of handling corporate matters, including incorporation of companies, shareholder and capital raising issues, and establishment of joint ventures.
Data protection law: Holst, provides advice on all matters pertaining to data protection law and assists in the preparation or review of current data protection policies, data processing agreements, etc. in order to ensure compliance with applicable legislation
Debt collection: the team provides a full range of debt collection services, including general debt collection, mortgage collection, foreign collection and the collection of tax arrears on real property.
Employment: the firm offers competent and specialised advisory services within this field. Services include advice in connection with the setting up of employment, disputes arising during the term of employment, and disputes regarding termination of employment.
Energy and utilities: Holst advises private and public energy and supply utilities, including regulatory matters, establishment and commercial activities of public utilities, and handling complaints and legal proceedings.
Environment and planning law: Holst, provides highly specialized advice in all areas of environmental and planning law.
Insurance and tort: the firm represents leading insurance companies and provides legal assistance to Danish public authorities, regions, utilities and commercial undertakings in tort and insurance law matters.
Intellectual property, marketing and competition: Holst advises on R&D-agreements, licence agreements, distribution and agency agreements, marketing and competition law, and IP rights eg trade marks.
IT, telecoms and complex contracts: the team provides specialist advisory services within IT and telecoms and has wide experience of complex contracts and projects, including outsourcing of business processes, service agreements, development and operating agreements.
Litigation, arbitration and mediation: the firm specialises in this practice and is involved in cases pending before the Danish district courts, the High Courts, the Maritime and Commercial Court in Copenhagen, the Supreme Court and various arbitration tribunals, representing some of the market’s largest interests in their respective fields of business.
M&A: Holst is widely experienced in national as well as cross-border transactions and advises on strategic, commercial and legal aspects relating to M&As in close collaboration with clients and other professionals.
Private law: the firm advises on drafting of marriage contracts and wills, division of property on divorce or legal separation, and administration of estates of deceased persons.
Public law: Holst advises several Danish municipalities and regions on liabilities incurred relating to environmental legislation, planning legislation, and public administration, as well as social and health legislation and matters pertaining to financing and the raising of loans.
Public procurement: the firm advises private and public undertakings, including the Danish municipalities and regions, in connection with outsourcing activities, public procurement and PPPs.
Restructuring and insolvency: Holst advises on undertakings facing financial difficulties, including restructuring activities, suspension of payments, bankruptcy proceedings, and creditor representation.
Taxes and duties: the firm advises on a range of corporate tax matters and conducts complaints cases before local tax appeals tribunals, the National Tax Tribunal and the Danish courts of law.
|Capital markets||Jørgen Holst|
|Capital markets||Thue Hagenau|
|Construction and real estate||Carsten Led-Jensen|
|Construction and real estate||Mogens Birkebæk|
|Construction and real estate||Morten Fendinge Olsen|
|Corporate and commercial||Erik Jensen|
|Corporate and commercial||Steffen Ebdrup|
|Corporate and commercial||Mogens Birkebæk|
|Corporate and commercial||Anders Hedetoft|
|Debt collection||Henrik Steen Jensen|
|Debt collection||Henrik Chr Strand|
|Employment||Henrik Chr Strand|
|Construction and real estate||Holger Schöer|
|Energy and utilities||Jørgen Holst|
|Energy and utilities||Erik Jensen|
|Insurance and tort||Jens Andersen-Møller|
|Insurance and tort||Jacob Fenger|
|Intellectual property and marketing and competition||Mogens Birkebæk|
|Intellectual property and marketing and competition||Jakob Schmidt|
|Intellectual property and marketing and competition||Christian Skadborg|
|IT, telecommunications and complex contracts||Jakob B Sørensen|
|Litigation, arbitration and mediation||Carsten Led-Jensen|
|Litigation, arbitration and mediation||Jacob Fenger|
|Mergers and acquisitions (M&A)||Jakob Schmidt|
|Mergers and acquisitions (M&A)||Erik Jensen|
|Mergers and acquisitions (M&A)||Anders Hedetoft|
|Environmental and planning law||Stine Kalsmose Jakobsen|
|Private law||Merete Simonsen|
|Public law||Jens Andersen-Møller|
|Public procurement||Svend Bjerregaard|
|Restructuring and insolvency||Henrik Steen Jensen|
|Restructuring and insolvency||Jørgen Holst|
|Taxes and duties||Claus H Eriksen|
|Taxes and duties||Anders Hedetoft|
|Corporate and commercial||Holger Schöer|
|Litigation, arbitration and mediation||Holger Schöer|
|Jens Andersen-Møller||Partner.||View Profile|
|Mogens Birkebæk||Partner||View Profile|
|Mr Svend Bjerregaard||Partner||View Profile|
|Mr Steffen Ebdrup||Partner||View Profile|
|Mr Morten Fendinge Olsen||Partner||View Profile|
|Mr Jacob Fenger||Partner||View Profile|
|Mr Thue Hagenau||Partner||View Profile|
|Mr Claus Hedegaard Eriksen||Partner||View Profile|
|Mr Anders Hedetoft||Partner||View Profile|
|Jørgen Holst||Senior partner||View Profile|
|Ms Stine Kalsmose Jakobsen||Associate partner||View Profile|
|Mr Erik Jensen||Partner||View Profile|
|Mr Carsten Led-Jensen||Partner||View Profile|
|Jakob B. Sørensen||Partner||View Profile|
|Holger Schöer||Partner||View Profile|
|Mr Jakob Schmidt||Partner||View Profile|
|Mr Kurt Siggaard||Senior partner||View Profile|
|Søren Skov||Partner||View Profile|
|Mr Henrik Steen Jensen||Partner||View Profile|
|Mr Henrik Christian Strand||Associate Partner||View Profile|
Staff FiguresNumber of lawyers : 36
LanguagesDanish English French German
Legal Developments2nd June 2021
Court of law approves the opportunity for compensation in the event of a non-pecuniary loss following a data breachAt the end of 2018, four PCs were stolen from the town hall of Gladsaxe. A spreadsheet was stored on the local drive of one of the PCs containing personal data on 20,620 citizens for inter-municipal reimbursement purposes. The personal data consisted of personal ID numbers, names, addresses and in some cases summarising information about housing benefits and health information.
6th May 2021
Application of old TLS version drew criticism from the Danish DPAWhen looking into a case initiated by the DPA itself, the DPA established that the self-service solution available with the Police for applying for a firearms certificate (www.digimeld.politi.dk/vaaben/HTML/index.aspx?type=p70401) - during which your personal ID number must be entered - warns you about the page using weak encryption and that unauthorised persons in consequence thereof may have access to the data that is entered. The self-service solution only supported TLS version 1.0, but the Danish National Police had stated that this version was the best, which the said solution could support, and that work was in progress for replacing it. The DPA stated that forms and web-solutions for processing personal data are subject to safety requirements, including in particular that the data controller must ensure that personal data do not become accessible to anyone unauthorised. Data that can be characterised as worthy of protection, including information on personal ID numbers, must therefore be ensured in such way that the contents cannot be accessed by anyone unauthorised, which is done by encrypting the transport layer (TLS) subject to version 1.2 or higher versions. The DPA established that TLS versions 1.0 and 1.1 contain known vulnerabilities which do not ensure the necessary confidence and integrity of the data being exchanged. Hence, the DPA found grounds for criticising the Danish National Police for not processing personal data in compliance with the rules provided for in Article 32.1 of the GDPR. Read the whole decision here (in Danish): https://www.datatilsynet.dk/tilsyn-og-afgoerelser/afgoerelser/2021/apr/utilstraekkelig-kryptering-i-selvbetjeningsloesning-hos-politiet
Fine for disclosing video surveillanceNorwegian car wash business Miljø- og Kvalitetsledelse AS has been fined NOK 35,000 (about EUR 3,500) by the Norwegian DPA for illegally disclosing personal data from a video surveillance. When malicious damage was made to a purchase terminal, Miljø- og Kvalitetsledelse AS sent uninvited recordings and data from the video surveillance of the car wash system to the employer of the person, which Miljø- og Kvalitetsledelse AS assumed had caused the malicious damage. The DPA found that the disclosure lacked legal basis and was contrary to Articles 6.1 and 5.1 (a) of the GDPR. The recordings had already been surrendered to the Police, and the DPA found the forwarding of the recordings to the data subject’s employer unnecessary for preventing and clarifying the malicious damage. Miljø- og Kvalitetsledelse AS have an appeal period of 3 weeks from the time of receiving the decision. Read the whole decision here (in Norwegian). https://www.datatilsynet.no/aktuelt/aktuelle-nyheter-2021/miljo--og-kvalitetsledelse-as-far-gebyr/
District Court of the Hague reduces administrative fine by 24%The Dutch DPA had imposed an administrative fine of EUR 460,000 on a hospital in consequence of violating Article 32 of the GDPR when failing to implement satisfactory measurements for protecting patients’ personal data. The fine constituted a basic fine of EUR 310,000 plus two additional fines of each EUR 75,000, totaling EUR 460,000 in consequence of the hospital not having implemented two-factor authentication, and not having made regular controls on logins for access to medical records. The case was brought before the District Court of the Hague who found the fine too high. The court did not find the basic fine of EUR 310,000 unreasonable, but the additional fines should be reduced since the hospital had taken steps to prevent that personal data found on digital platforms could be accessed by unauthorised staff. Furthermore, during the objection period, the hospital had implemented two-factor authentication and intensified logins, which the court considered a willing to cooperate, hence the fine was reduced to a total of EUR 350,000. Read the whole decision here (in Dutch). https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBDHA:2021:3090
Contact:Henrik Christian Strand, Associated Partner E: firstname.lastname@example.org M: +45 3010 2186 Pernille Kristensen, Attorney E: email@example.com M: +45 3010 2224
12th April 2021 Decision delivered in France may greatly impact the option of legally using European subsidiaries with parent companies in the USA for hosting of data.
8th March 2021
Phone conversations recorded by on-call GPsA Danish citizen had filed a complaint about her phone conversation with an on-call GP in the Region of Southern Denmark being recorded and the fact that the on-call GP subsequently denied to erase the recordings. The Danish Data Protection Agency found that it was alright for the on-call GP to record phone conversations, but on the other hand found that the GP generally saved the recordings for too long. During the case it was revealed that the on-call GP in question had recorded and saved approx 7.5 million conversations since January 2013.
23rd February 2021 The Western Division of the Danish High Court had previously acquitted a Danish municipality in a case where the municipality’s mechanical ditch cleaners had caused damage to a telecommunications cable situated in a roadside ditch.
Employer acquitted of liability – workplace, person to be charged, instructions and supervision was at issue3rd February 2021 On 5 July 2019, one of the Danish district courts (the District Court of Herning) found that a master painter was liable for compensation in connection with an injury accident caused when an apprentice fell off a balcony and suffered severe head injuries.
1st February 2021 Norwegian company fined EUR 95,000 for insufficient basis for processing Innovation Norway carried out four credit ratings of a one-man business, which the owner of the business complained about to the Norwegian data protection authority. The credit ratings were made over a 3-month period. Innovation Norway was not able to identify any customer relation or connection to the owner or his business justifying said credit ratings, and therefore the Norwegian DPA decided that there was no basis for processing. The DPA issued a fine amounting to approx EUR 95,000 (NOK 1 million).
5th January 2021 2020 is drawing close to an end, and also in terms of the GDPR, it is a fact that COVID-19 has taken up massive attention. New questions arose, to which answers were needed, e.g.: Is it allowed for an employer to register data about COVID-19? Is it allowed to transfer data about COVID-19? Where can such data be stored? In several countries, an app was launched as an additional aid for contagion tracing. In addition to such apps, which helped break the chains of infection more rapidly for countries’ own citizens, other apps were introduced to foreign citizens travelling though or to a particular country. As a result, more questions arose since the laws of several countries were to be observed too. Holst, Advokater provided advice to the Robert Koch Institute and the German Ministry of Health about the possibility of extending access to download the German COVID-19 app in Denmark and for Danish citizens.
5th January 2021 Danish municipality reported to the Police and is facing EUR 6,700 fine The Danish Data Protection Agency (the DPA) has reported the municipality of Guldborgsund to the Police and recommended a fine of EUR 6,700 (DKK 50,000) since the municipality failed to act with necessary alertness in connection with a security breach.
5th January 2021 The Irish DPA fines Tusla Child and Family Agency EUR 75,000 In May 2020, the Tusla Child and Family Agency (Tusla) was imposed with an administrative fine of EUR 75,000, which has now been heard and confirmed by an Irish court of law.
9th November 2020 All-time high fine of GBP 20 million imposed on British Airways for data breach The Information Commissioner’s Office (the ICO) has given a penalty notice of GBP 20 million (about EUR 22 million) to British Airways (BA) for infringements of the GDPR in 2018 affecting more than 400,000 of the company’s customers.
15th October 2020 In 2019, the Finnish DPA received complaints on the electronic direct marketing and neglection of rights of the data subject, contrary to what is provided for under the GDPR. The topics of direct marketing included various courses within building supply and asbestos removal. The data subjects reported that they had received direct marketing messages from the company without consenting to it first. Some of the data subjects had responded to the marketing message and requested the controller to stop sending such messages. Despite this, the data subjects still received direct marketing messages from the controller.
3rd September 2020 Danish DPA commits personal data breach and misses the 72-hour notification deadline
18th August 2020 Fine of approx. EUR 28,000 issued due to unlawful basis for processing
3rd August 2020
Publication of club magazines from the early 1980s found lawful
On 16 June 2020, the Danish Data Protection Agency (DPA) decided in a matter in which a citizen had complained about a sailing club that had posted three club magazines from 1981 and 1982 on the internet, thereby revealing information on the name, former address, age and a photo of the complainant, and the sailing club had refused to delete this information.
9th July 2020 If you are considering hiring or posting employees to Denmark, you must be familiar with Danish labour market regulations and you must comply with such. Holst, Advokat has prepared a general guide to employment law and labour law in Denmark.
2nd July 2020
The Danish medicinal cannabis pilot programme runs until 31 December 2021. The programme entails that licences can be issued for the import of cannabis for Danish patients, and companies may apply for a license to cultivate, produce and distribute medicinal cannabis in Denmark. In parallel to the pilot programme, a development scheme has been introduced making it possible to apply for a cannabis cultivation and handling licence with a long-term view to producing cannabis suitable for medicinal use.
2nd July 2020 On 1 January 2020, a new version of Incoterms rules came into force. The new version contains clarifications and modifications which your company should be aware of when applying the rules.
19th June 2020
Since 1 January 2018, Danish doctors have had the opportunity of prescribing cannabis products for their patients; A four-year medicinal cannabis pilot programme has been introduced in Denmark implying that licences for importing cannabis for Danish patients can be issued. Today it is also possible to cultivate, produce and distribute medicinal cannabis in Denmark. In parallel to the pilot programme, a development scheme has been introduced making it possible to apply for a cannabis cultivation and handling licence with a view to producing cannabis suitable for medicinal use.
The schemes have entailed the creation of hundreds of new jobs in Denmark, and the production of medicinal cannabis is expected to become an important export article.