Automotive

Our experience

We have extensive experience in drafting dealer agreements and service partner agreements in respect of the relevant block exemption regulations, including the current Commission Regulation (EC) No 1400/2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector.

We also have extensive experience in:

• reorganising/restructuring of dealer networks
• the comprehensive EU legislation stipulating detailed regulations for motor vehicles, including type approvals, product safety, equipment and the interior fittings of motor vehicles
• the Danish Registration Fee Act, including the payment of tax in respect of new motor vehicles and the special rental provisions relating to persons who are not domiciled in Denmark or enterprises whose registered office is not in Denmark (tax exemption)
• the detailed provisions of the Danish Marketing Practices Act and the relating statutory orders that are particularly important to the marketing and sale of new motor vehicles, including the provisions on the use of warranties in respect of consumers
• the special provisions of the Danish Sale of Goods Act on termination without notice, remediation and replacement deliveries

Impact on legislation

We keep updated on the development in relevant national legislation and EU regulations. We are regularly involved in the consultation processes relating to any amendments of the relevant national legislation, including the Danish Sale of Goods Act and the Danish Marketing Practices Act, and we follow the political and statutory considerations relating to the drafting of any future EU competition law provisions to apply to the industry.

Litigation experience

Our litigation experience is extensive, both before the Danish courts and the European Court of Justice. One example is the case C-125/05 Vulcan Silkeborg before the European Court of Justice in which we represented the successful Danish importer.