Having practised both as a shipping lawyer and an aviation lawyer for many years, I do find the experience and practice with the Cape Town Convention and aviation finance transactions to be interesting when experiencing the challenges faced by the shipping industry with respect to recognition and enforcement of mortgages ...
Before going into the details of the proposal it should be mentioned that the actual rules of the proposal were not presented in the revised budget. The government stated that they aim to present the rules in the budget for 2022. The rules will also be subject to a hearing round and since the scheme constitutes state aid in accordance with the rules in the EEA Agreement, they will also require notification to and approval from ESA before implementation ...
The ongoing court action, often referred to as the «Stolt Commitment Case», was commenced in the aftermath of a collision between MV «Thorco Cloud» and MV «Stolt Commitment» outside Singapore in 2015. MV «Stolt Commitment» was owned by a Dutch company, and was flying Cayman Island flag ...
A recent court ruling from Gulating lagmannsrett (Court of Appeal) states that bonus payments are not covered by the principle of equal treatment for temporary agency workers, cf. LG-2018-162656. The ruling has been appealed, and the result of the appeal to the Supreme Court will be of great importance to many companies and employees of temporary work agencies ...
Last night, only days ahead of a general election the minority Government in Norway is likely not to win, a proposal for dramatic changes to the upstream petroleum tax regime. It was announced at 18.00 hours Oslo time in a hastily called press conference by the Minister of Finance Mr Sanner (Conservative) and the Minister of Petroleum and Energy Ms Bru (Conservative) ...
Electronic registration The Norwegian Maritime Authority («NMA«) has developed a new system for electronic ship registration and has proposed certain amendments to the Norwegian Maritime Code and appurtenant regulations. The amendments are currently circulated in a memo subject to public hearing ...
Introduction The employee’s right to be represented on the Board of Directors («BoD») is governed in the Limited Liability Companies Act (Nw: aksjeloven) and the Public Limited Liability Companies Act (Nw: allmennaksjeloven). We will in the following refer to the Limited Liability Companies Act («the Company Act»), as the wording is the same ...
Enhanced obligations for the employer in reorganizations and redundancies From January 1, 2024, certain employer obligations that previously applied to each separate company will now extend to all companies within a corporate group. The legislative changes mandate that the employer is obliged to consider (and offer to the employee) other suitable work throughout the group, even if the employee is not formally employed in any of the other companies within the group ...
During 2022, the government has, among other things, made these legal amendments: Removal of the general right to employ someone temporarily up to one year Trade unions that have members in a company that use hired workers from a temp agency can start legal proceedings against the employer about the legality of hiring. Revised home office regulations You can read more about these changes here. The Supreme Court has also contributed to the further development of employment law ...
In 2013, the Danish pharmaceutical company Lundbeck, which at the time only held limited secondary patents related to certain antidepressants, was fined EUR 93.7 million by the European Commission for having entered into settlement agreements in 2002 whereby Lundbeck paid generic manufacturers for not challenging its patents. The payments corresponded to the profits that the generic manufacturers could have made if they had successfully entered the market ...
The aviation industry came to a standstill this month due to the outbreak of the Covid-19 virus, and this has hit the airlines worldwide. With the majority of the fleet on the tarmac, we could potentially see a number of airlines defaulting on their lease agreements and loan facilities. The question of how to enforce security or repossess an aircraft could sadly turn out to be something the lessors and the lenders would have to look into more closely in the time to come ...
Nelfo is a national trade association for electro, IT, electronic communications, system integrators, and lift companies in Norway. The main point addressed in the complaint to ESA was the allegation that the municipality had overcompensated companies within the BKK Group for maintaining and operating street lights along municipal public roads ...
Introduction Block exemption regulations (BER) for liner shipping companies have been in place in one form or another since 1986, originally as «Conference» BER, and since 2008 as «Consortia» BER. With the discontinuation, the liner shipping segment joins other shipping segments as fully subject to the competition rules in the EU, including the prohibition against anti-competitive cooperation under Article 101 TFEU ...
In a recent judgement the Court of Justice of the European Union (CJEU) concluded that an administrator of a Facebook fan page has independent obligations under European data protection law, and will be considered joint controller with Facebook for some processing activities ...
The EU ETS is a good step in the right direction towards reducing the EU’s total GHG emissions by 55% by 2030. The EU legislators have worked hard on this. But the respective IMO and the EU portals are still not aligned. And the EU ETS reporting starts in a few weeks ...
The Regulation’s overall goal is to encourage Member States to carry out Strategic Mineral Projects involving minerals such as e.g. Copper, Titanium, Nickel – battery grade, Lithium – battery grade, and Rare Earth Elements for magnets. The aim for the EU’s extraction capacity is set to be at least 10 % of the Union’s consumption of strategic raw materials ...
Regulation (EU) 2018/302 of February 28, 2018, on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market (the "Regulation") came into force, December 3, 2018. The Regulation seeks to increase access for customers in the EU and EEA to goods and services by preventing unjustified geo-discrimination due to the customer's nationality, place of residence or establishment ...
In recent years, the intersection of economic openness and national security has prompted international policy development in various countries, including Norway. Concerns about vulnerabilities arising from foreign investments, particularly in security-sensitive sectors, have led to the revision of legislation and the initiation of supply chain assessments by trading partners ...
The word on the street is that everybody wants an ERP system, but no one wants to use it. Or rather, no one will use it the way it has been set up as a standard solution. People in general do not like changes. Therefore, the ERP system must first be adapted so that the organisation can work in the same way as it did before. Only then will the organisation be willing to use it. Present ERP systems are better and more mature compared to the ERP systems only a few years ago ...
Yesterday, Wednesday 18 March 2020, the Norwegian Government put forward a bill which will give the Government vast authorization to fight Covid-19 and its consequences for the society. It is called the corona act. The aim is to facilitate "sound and effective measures necessary to limit the disruption of normal social functions" of the Covid-19 outbreak (article 1) ...
General about enterprise penalty In relation to the previous section on enterprise penalty as enshrined in section 48a of the 1902 Penal Code, discussion were had as to whether there was a requirement of Fault-based liability in the provision. In the preparatory work on section 27 of the new Penal Code, this was discussed in depth, after which it in Ot.prp. no. 27, 90 (2003-2004) s. 242 was clearly stated that the new provision should not have such a requirement ...
The term «næringsdrivende» (business activity) in the Norwegian Foundation Act shall be understood as activity with taxable profit («erverv til formål») The Ministry of Trade, Industry and Fisheries’ work on amending the Norwegian Foundation Act has been going on for several years, cf. proposals for a new Foundation Act in the NOU 2016: 21. Further law amendment proposals have now been proposed in a public hearing ...
Background On 20 June 2023 the Norwegian government made a proposal to amend Norwegian law by introducing regulation on gender balance for the board of directors in large and mid-sized private limited liability companies (Nw. aksjeselskaper), as well as certain partnerships, cooperatives and foundations. Previously, such requirements only applied to public limited liability companies, and the purpose of the proposal is, inter alia, to increase the proportion of women in Norwegian board rooms ...
The European Court of Justice ("ECJ") recently came with important clarifications regarding the implementation of mergers before merger clearance, so called "gun jumping." The topic often arises in merger cases where the parties have "signed the deal" but are awaiting clearance by the relevant competition authority. What can be done by the parties before closing post signing, and what cannot be done prior to implementation? The judgment in case C-633/16 Ernst & Young P/S v ...
General information about legal enforcement Legal enforcement involves the securing and collection of monetary claims (and other claims) via the enforcement authorities. The general rules are set down in the Enforcement Act. The act sets out the conditions for securing and enforced settlement of monetary claims and governs the approach that must be taken in connection with this ...
