EU law and international business legal matters
Our practice includes general EU law, e.g. on trade barriers / free movement, state aid and taxes and duties, just as we also assess questions of whether Danish laws and regulations are in accordance with EU law.
We advise both industry associations and private businesses on such issues and conduct litigation and complaints in the Commission from EU legal perspectives.
A large part of the legislation and rules that apply in this country are rules that have their origins in EU directives. In addition to the rules that are implemented – or built into – Danish legislation, there are EU rules that must be complied with without them being passed by the Folketing.
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 basically limited to interpreting the Danish laws.
The European Court of Justice has been given jurisdiction to in fact 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, labor, services, enterprises and capital between Member States
It follows from the Treaty basis of the European Union that citizens and businesses have some fundamental rights under the Internal Market Treaty. Goods, labor, services, enterprises and capital must be able to move freely between Member States, unless very special circumstances apply.
The European Court of Justice takes obstacles and restrictions on fundamental rights very seriously. Our team has experience in advising companies and organizations that in legislation or administrative practice experience that obstacles are placed in the way of the exercise of these rights.