Our practice includes general EU law, such as trade barriers and free movement, subsidies, taxes and tariffs. Also, we advise and litigate in matters regarding the compatibility of Danish laws and regulations with EU law. We offer legal advice to both trade associations and private business enterprises in such matters and handle petitions, negotiations and lawsuits in toward the EU bodies and the European Court of Justice.
EU directives form an integral part of Danish legislation. In addition to already existing Danish legislation, relevant EU law must be implemented, often with no need for consent from the Danish parliament.
EU law must often be interpreted and applied differently from the strictly national Danish legislation, as the legal system of the EU to a large extent differs fundamentally in structure from the national legal system. Danish courts are basically limited their work to interpret the law, whereas the EU court may virtually create new law in its rulings, when necessary to obtain the objectives of the common EU law.
Obstructions to the free movement of goods, services, labour and monetary transactions between member states:
The treaty of the European Union dictates equal rights for citizens and companies of all member states in relation to the Single Market. The flow of goods, services, labour and funds must be free, unless certain well defined conditions apply.
The European Court of Justice is deeply concerned with barriers and restrictions to such common rights.
Our team is experienced in advising companies and organisations who experience obstruction of the common rights whether by way of legislation or by way of executory bureaucracy.
AGRICULTURAL AND OTHER SUBSIDIES
The subsidies from the European Union are awarded through a variety of programs, schemes and funds. Different requirements apply to the applicant and the different approaches of applying. The process varies from simple to complex. Furthermore, some support must be applied for through national authorities and others are awarded directly by the European Commission.
We provide legal advice on how to comply with the terms of the various programs and we undertake litigation if EU support is refused or withdrawn contrary to the regulations.
SONDERBY LEGAL has its finger on the pulse when it comes to EU law. Since 2007 Hans Sønderby Christensen has co-authored a bi-weekly column on current EU law with an equally experienced colleague from Luxembourg in Jyllands-Posten’s Business & Economy section. Jyllands-Posten is Denmark’s largest daily newspaper in terms of circulation.