EU Law
Advisory
EU law and international business law relations
Our practice includes general EU law, such as trade barriers/free movement, state aid, as well as taxes and duties, just as we also assess questions as to whether Danish laws and regulations are in accordance with EU law.
We advise both trade associations and private commercial enterprises in such matters and conduct legal proceedings and complaints to the Commission from EU law perspectives.
A large part of the legislation and the rules that apply in this country are rules that originate in EU legal directives. In addition to the rules that have been implemented – or incorporated – into Danish law, there are EU rules that must be complied with, without being adopted by the Danish Parliament.
EU law must be understood and interpreted in a different way than Danish legislation has traditionally been understood and interpreted, as the EU legal system is fundamentally structured differently from the Danish legal system. The Danish courts are fundamentally limited to interpreting the Danish laws.
The European Court of Justice has been given the power to effectively introduce new rules in its judgments, if, in the opinion of the European Court of Justice, new rules are needed.
Obstacles to the free movement of goods, labour, services, companies and capital between member states
It follows from the treaty basis for the European Union that citizens and companies are given some fundamental rights under the treaty on the internal market. Goods, labour, services, companies and capital must be able to move freely between the member states, unless very special circumstances apply.
The European Court of Justice views obstacles and restrictions to fundamental rights with great seriousness. Our team has experience in advising companies and organisations that experience obstacles in legislation or administrative practice to the exercise of these rights.
Contact
Hans Sønderby Christensen
Attorney (H), Partner
- hsc@sonderbylegal.eu
- +45 20 21 43 33
Rikke Bach
Associate Attorney, Junior Partner
- rb@sonderbylegal.eu
- +45 25 16 65 11
Christian Kjær Olsen
Commercial Lawyer
- cko@sonderbylegal.eu
- +45 25 16 65 20