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

June 15, 2021

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.

The background of the matter at issue is that a company, which was founded around the time of the outbreak of the COVID-19 pandemic, was denied temporary support for short-term work as a consequence of the fact that no employer’s social insurance contributions were paid during the comparison month in question.                                                               

The Swedish Agency for Economic and Regional Growth has applied the Swedish (Short-Term) Work Support Act as it had interpreted its purpose, including ensuring that short-term support is not provided to employees who were newly employed during the period of support.

However, the lower courts did not present a uniform position on the issue and, following appeal from the Swedish Agency for Economic and Regional Growth, the Supreme Administrative Court granted leave to appeal in the middle of May 2021 on the issue of the manner in which the comparison month was to be established in accordance with the Short-Term Work Support Act. According to the Dagens Nyheter newspaper, the Swedish Agency for Economic and Regional Growth conceded failures in managing short-term support but is continuing to pursue the matter to the Supreme Administrative Court in which the Agency claims it is important that the issue be examined since there is currently no precedent within the area and companies must be able to anticipate how the comparison month is applied.

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.
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Vinge employs additional antitrust economists to further strengthen its practice

We welcome Adam Löfquist and Carl Widstrand to our EU, Competition & Regulatory practice group.
September 30, 2021

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.
September 20, 2021