Vinge Dude Diligence – for improved gender equality

Wibeke Sorling appointed as new partner

Commencing 1 January 2022, Wibeke Sorling will become a partner at Vinge’s Gothenburg office.

Arbitration proceedings between a Member State and an investor from another Member State further curtailed – the judgment of the EU Court of Justice in PL Holdings

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.

New statute prohibits unfair terms and conditions and practices in conjunction with the purchase of agricultural and food products

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.

Vinge employs additional antitrust economists to further strengthen its practice

We welcome Adam Löfquist and Carl Widstrand to our EU, Competition & Regulatory practice group.

European Commission provides sanctions compliance guidance

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 contributing to International Comparative Legal Guides

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.

New partners and counsels appointed at Vinge’s Stockholm office

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.

EU climate taxonomy – New regulations concerning companies’ publication of information

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.

What an employer should know about the New Whistleblowing Act

Why adopt a new Whistleblowing Act when the current act was adopted as late as 2017?

Employer bears burden of lack of clarity regarding dismissal        

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.

The Supreme Administrative Court grants leave to appeal regarding comparison month for short-term work

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.

Extended measures in response to COVID-19

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

Amendments to the Employment Protection Act (Ministry Publications Series 2021:17): Labour law reform – for flexibility, adaptability and security on the labour market

The European Court of Justice restricts a company’s possibility to “buy its way out of” discrimination cases

The European Court of Justice has clarified in a new judgment the fact that someone who believes they have been discriminated against is entitled to a determination by a court of law which establishes whether discrimination has occurred – on condition that the opposing party has denied it. Thus, a party who has been accused of discrimination may no longer “block” the right of the affected party to judicial review by stipulating to the compensatory part of the legal action. This decision augments the protection for individuals against discrimination and might mean that certain Swedish procedural rules are incompatible with EU law.

Anti-counterfeiting – the best way to work to counteract trademark infringement and counterfeiting

Counterfeiting and intellectual property law infringement constitute significant problems for both individual trademarks and companies as well as from a broader societal perspective. In this year’s edition of WTR’s “Anti-Counterfeiting: A Global Guide” we present the most important parts of the Swedish legislation, as well as how companies can create successful preventive measures.