2021

Time limitation for claims under NSAB 2015 conditions and gross negligence

17 September 2021. The Maritime and Commercial court has recently decided whether the limitation period of one year of the NSAB 2015 also applies in cases where the freight forwarder has caused damage due to gross negligence. The court interpreted section 28 of the NSAB 2015 and came to the conclusion that the limitation period of one year for claims cannot be regarded as a provision that “exonerates him from or limits his liability, or alters the burden of proof“. According to the NSAB 2015, the limitation period of one year therefore also applies in accordance with the NSAB 2015 in the event of damage caused by gross negligence. Time_limitation_for_claims_under_NSAB_2015_conditions_and_gross_negligence (002)

Time limitation for recourse claim against seacarrier is not generally limited to two yearsfrom cargo delivery date

14 September 2021. In a recent appeal decision the Danish High Court has decided that the limitation period for a recourse claim between sea-carriers will begin to run only from the time when the carrier itself seeking recourse has paid compensation or where a lawsuit that is the basis for the claim has been filed against the carrier irrespective that any of these events may occur more than two years from the date when the circumstances giving raise to the cargo damage occurred. Time limitation for recourse claim against sea carrier

Energi island in the North Sea – a small step closer

2 September 2021. A majority in Danish parliament has entered into a political agreement on the tender and structure of establishment and ownership of a future energy island in the North Sea. Based on the agreement text we have prepared a short briefing note on the status of the energy island: Article – Energy island in the North Sea – one step closer.

Road carrier liable for temperature damage to cargo despite no instructions on transport temperature

27 August 2021. The Copenhagen Maritime and Commercial Court recently considered a case concerning liability for damages caused by a cargo of frozen fish being transported at the wrong temperature. A Danish exporter of fish food booked transport via a contracted carrier for 20,840 kilos of frozen cod from Lemvig, Denmark to a buyer in Italy. The carrier subcontracted the performance of the road portion of the transport from Lemvig to Padborg, Denmark to a Danish haulier who was not presented twith any temperature instructions.  The court found that the haulier was liable for the transport damage regardless of the fact that it had not been set out in the booking order that the transport was to be performed at -20 degrees Celsius. Road carrier liable for temperature damage

Renewable energy – techology neutral tenders

23 August 2021. The Danish Energy Agency has called for a technology neutral tender, where solar cell systems, wind turbines, wave energy plants and hydro power plants can compete for financial support. Tenders are to be submitted no later than 22 October 2021. We have prepared a background note with the main terms and our assessment, which can be read here: Article – Renewable energy tenders 2021 – technology neutral.

Status of the work on a Danish gas strategy

25 June 2021. The Danish government is working on a strategy for gas aimed at future-proofing the sector and contributing to the green transition. The strategy is expected to be published before the end of 2021. We have prepared a briefing note with background and status, which can be read here: Article – Danish gas strategy.

Denmark supports Power-to-X with financing of up to DKK 850 mill.

21 June 2021. A broad majority in Danish parliament has on 18 June 2021 entered into a political agreement to grant up to DKK 850 mill. (appr. Euro 114 mill.) to Danish participation in a large-scale joint European project concerning hydrogen and power-to-x (PtX). We have prepared a summary of the agreement and the financing scheme, which can be read here: Article – Danish financing of Power-to-X projects.

Construction all risks insurance – challenges with LEG3 coverage

25 May 2021. In Denmark, construction all risks insurance covers damage in connection with a construction. It is an ‘all risk’ insurance, which means that most damage is covered unless directly excluded in the insurance terms. However, primary damage is not generally covered. As several players in the construction industry demanded coverage of primary damage, the London Engineering Group (LEG) introduced the so-called ‘LEG3/96’ coverage. We have preprade a newsletter which further examines challenges associated with LEG3 coverage in Denmark:Construction all risks insurance – challenges

Tenders for price support to Power-to-X

6 May 2021. The February 2021 Bill to change a.o. the Danish Natural Gas Supply Act and the Act on Promotion of Renewable Energy is currently passing through Danish parliament and is expected to be adopted on 11 May 2021. We have previously reported on this Bill. In connection with the committee report published on 3 May, we have taken a closer look at one of the  elements of the Bill, namely the new legal basis for the Minister to hold tenders for price support for fuels and products that have been produced on the basis of Power-to-X. At least DKK 750 mio. (appr. Euro 100 mill.) have been allocated for these tenders to promote production from new gasses and from Power-to-X. Our article can be read here: Power-to-X – Tenders.

Is an FOB seller which receives a bill of lading bound by its jurisdiction clause?

5 May 2021. A recent court decision addresses the question of whether a consignor which is not a party to a transport contract but merely delivers cargo to the ship that will perform the voyage may be legally obliged and bound by a jurisdiction clause in a bill of lading issued by the carrier by receiving the bill of lading as a receipt for the delivery of the cargo. The decision gives rise to the following questions:

  • Is a consignor (ie, FOB seller) included in the definition of ‘merchant‘ in a bill of lading which states that “merchant” includes the shipper? Arguably, ‘shipper’ means the party which enters into the transport contract with the carrier (ie, the sender)?
  • Is a consignor under any legal obligation to consider whether a bill of lading’s terms (ie, contract of carriage clauses) can be approved when the bill of lading, as far as the consignor is concerned, is only a receipt for the delivery of the cargo?
  • Does a consignor have any legal possibilities to demand that bill of lading terms should be amended? As a bill of lading constitutes a contract between the sender (ie, FOB buyer) and the carrier to which the consignor is not a party, it seems doubtful whether a consignor, as a general rule, is entitled to demand any such changes.

Read more: Newsletter.

EU Brussels I Regulation on lis pendens applies to proceedings brought under CMR

28. april 2021. The Maritime and Commercial Court recently held that Art. 30 of the Brussels I Regulation recast (Regulation (EU) No 1215/2012) was applicable in a case where Dutch proceedings under the CMR-Convention had been brought prior to the Danish proceedings irrespective that the claimant and the defendant in the Danish proceedings had not submitted any claims against each other in the Dutch proceedings. The decision underlines the importance of being aware of the relevance of legal steps taken with respect to matters concerning CMR-disputes in other jurisdictions. Read more.

WSCO recommended as a leading Danish law firm by Legal 500

14. April 2021. We are very delighted to see that our Energy and Shipping & Transport practice groups have today been rated by the Legal500 between the leading practices in Denmark. Many thanks to our clients, colleagues and peers for recommending us. Read more.

Court rules that parking of goods trailer on lit roadside constitutes gross negligence

27 January 2021. The Maritime and Commercial Court recently determined whether a Danish carrier was liable for the theft of €172,000 worth of toys which had been stolen from a subcarrier’s trailer while it was parked at night. In its decision, the court considered whether the parking spot complied with the safety arrangements set out in the transport agreement. Read more: Court rules that parking of goods trailer on lit roadside constitutes gross negligence

8th oil and gas tender round now formally cancelled

27 January 2021. The Danish government has now formally cancelled the Danish 8th oil and gas tender round, by a letter to the last remaining applicant. We have prepared a short briefing note on the cancellation, its background and upcoming changes in the Danish legal framework. The article can be read here: Article – 8th oil and gas round now formally cancelled.

Court finds that charter agreement was binding despite failure to perform conditional test of vessel

20 January 2021. The Maritime and Commercial Court recently ruled that a charter agreement was binding on a charter even though a conditional test of the vessel was not performed. It follows from the decision that in cases where a charter agreement is conditional on performing a sub-charterer’s inspection or push test, the reservation may not lead to the agreement being non-binding if the test in question is not performed due to the sub-charterers circumstances. Read more: Court finds that charter agreement was binding despite failure to perform conditional test of vessel

Energy island – the first concepts for development

19 January 2021. Two players in the renewable energy market, Ørsted and the VindØ-consortium, have presented their first, respective thoughts on an energy island in the North Sea. The two operators agree on the end goal – as much renewable energy for the investment as possible by 2030 – but otherwise there are considerable differences. We have prepared a short summary in English, which can be read here: Article – energy island – what will it be like, and the two presentations that were given to the Danish parliament’s committee on Climate, Energy and Utilities can be seen here: Ørsted presentation 14-01-2021, and VindØ konsortium presentation 14-01-2021.

Jesper Windahl recommended by Who’s Who Legal 2021

12. januar 2021. We are delighted that Jesper Windahl has been recommended by Who’s Who Legal in its recent rankings who has recognized Jesper for his work in the transport & shipping sectors. Many thanks to clients, colleagues and peers for all the support which is much appreciated. https://whoswholegal.com/jesper-windahl