Contrary to the situation in many other countries, there are currently only limited possibilities to regulate or prevent foreign direct investments in Sweden that could entail risks to Swedish security interests. Existing regulatory frameworks, such as the Protective Security Act (Sw. Säkerhetsskyddslagen), are limited to certain areas, to certain activities and to specific situations. The final report of the Inquiry of foreign direct investments (Sw. Granskning av utländska direktinvesteringar), published on 1 November 2021, puts forward a proposal for new legislation to address this gap.
The Swedish Government has now decided to implement changes in the regulations concerning the conditions for foreign hauliers' freight transport in Sweden and the responsibility for customers ordering such transports. The Government's decision was prompted by a judgment from the Court of Appeal over Skåne and Blekinge in case B 3209-20, on 5 May 2021.
Commencing 1 January 2022, Wibeke Sorling will become a partner at Vinge’s Gothenburg office.
Following the much debated judgment by the CJEU in Achmea, arbitration clauses in bilateral investment treaties between Member States under which an investor in one of those Member States may bring proceedings against the other Member State are considered incompatible with EU law. However, the judgment in Achmea seemed to leave it open whether an arbitration agreement between a Member State and an investor from another Member State not based on such a clause would be considered acceptable by the CJEU. Yesterday’s ruling by the Court in the Swedish case PL Holdings (Case C-109/20) dealt with one aspect of this question, resulting in further limits to investment arbitration in the EU.
The so-called UTP Act prohibits buyers from using certain terms and conditions and practices against suppliers of agricultural and food products. The Swedish Competition Authority exercises supervision and can, among other things, carry out unannounced inspections and order individual to attend formal interviews. In conjunction with violations, sanctions such as injunctions subject to a default fine or a sanction fee of up to one per cent of the buyer’s annual turnover can be imposed. The UTP Act will enter into force on 1 November 2021 and will also be applicable to contracts which are entered into prior to this date.
We welcome Adam Löfquist and Carl Widstrand to our EU, Competition & Regulatory practice group.
The European Commission has recently issued three opinions regarding the interpretation of asset freeze provisions in certain sanctions legislation pertaining to Central African Republic, Ukraine, Libya and Syria. The opinions are also of relevance for other sanctions regimes which provide for the same or similar restrictions. Therefore, their practical relevance goes far beyond the sanctions regimes in the context of which they were issued and they therefore provide for helpful guidance regarding the required thresholds for sanctions compliance generally.
Vinge’s specialists within Maritime and Transport law have been requested to contribute with a chapter explaining the Swedish legislative framework in relation to maritime law in the International Comparative Legal Guides, ICLG.
Advokat Sofie Bjärtun, advokat Rikard Lindahl, advokat Malin Malm Waerme and advokat Daniel Wendelsson at Vinge’s Stockholm office have been appointed as new partners as of 1 January 2022. The following lawyers have been elected as counsels at Vinge’s Stockholm office: Advokat Stojan Arnerstål, advokat Amanda Knutsson, advokat Jolene Reimerson, advokat Linnéa Sellström and advokat Filip Öhrner.
According to the European Union’s climate taxonomy, certain organisations must publish to what extent their operations are environmentally sustainable. In order to clarify what information the companies need to report, as well as how this should be done, the EU Commission has prepared a new delegated regulation. Primarily, the delegated regulation establishes relevant financial key ratios and different report precedents.
Why adopt a new Whistleblowing Act when the current act was adopted as late as 2017?
In a judgment in case AD 2021 no. 14, the Swedish Labour Court has clarified that, if an employer has had a justifiable reason to believe that an employee considers himself or herself to be terminated or summarily dismissed notwithstanding that the employer does not believe such to be the case, the employer must make it clear that the employment relationship persists. Passivity in such a situation will cause the employee to be regarded as being terminated or summarily dismissed, which may constitute a violation of the Swedish Employment Protection Act.
At the request of the Swedish Agency for Economic and Regional Growth, the Swedish Supreme Administrative Court has granted leave to appeal on an issue involving a short-term work comparison month.
As we have previously reported in the newsletter, the Government has pursued various measures to reduce the negative effects of the COVID-19 pandemic on the labour market, including the implementation of qualifying-period compensation for employees and reduced employer’s social insurance contributions for persons aged 19-23.
Amendments to the Employment Protection Act (Ministry Publications Series 2021:17): Labour law reform – for flexibility, adaptability and security on the labour market