Vinge Dude Diligence – for improved gender equality

Vinge presents the Swedish chapter for the 2022 version of The Legal 500: Private Equity Country Comparative Guide

The guide provides an overview of the Swedish Private Equity market and the salient legislation in connection with PE transactions in Sweden.

The prohibition imposed by EU law on complying with secondary sanctions laid down by the United States against Iran may be relied on in civil proceedings

On Tuesday 21 December, the EU Court of Justice delivered its long-awaited judgment in the Bank Melli Iran case (Case C-124/20) on the interpretation of the EU Blocking Statute regarding compliance with third country sanctions. According to the Court, the prohibition imposed by EU law on complying with secondary sanctions laid down by the United States against Iran may be relied on in civil proceedings. Following the Court’s judgment, anyone seeking to terminate a contract with a person or business subject to US sanctions must thoroughly consider if the termination is motivated by other reasons than the existing sanctions and reflect on whether to apply to the Commission for a derogation from the Blocking Statute.

The EU Commission proposes a new tool to counter the use of economic coercion by third countries

The European Commission has proposed a new regulation that will provide it with tools to counteract economic coercion from third countries with measures such as tariffs and imports restrictions.

Vinge hones its offering within capital requirements and risk management in the financial services sector

In order to further strenghthen its service offering within the Banking & Finance and Regulatory practice area, Vinge has formed a team within the capital requirements and risk management in the financial services sector. Torbjörn Jacobsson, whose background includes, among other things, head of risk in the banking sector, has been recruited to lead the group as a senior specialist in relation to issues concerning financial risks and capital requirements.

Emelie Svensäter Jerntorp appointed as new partner

Commencing 1 January 2022, Emelie Svensäter Jerntorp will become a partner at Vinge’s Skåne office.

Sweden proposes a new law on investment screening which will have significant implications for transactions

Contrary to the situation in many other countries, there are currently only limited possibilities to regulate or prevent foreign direct investments in Sweden that could entail risks to Swedish security interests. Existing regulatory frameworks, such as the Protective Security Act (Sw. Säkerhetsskyddslagen), are limited to certain areas, to certain activities and to specific situations. The final report of the Inquiry of foreign direct investments (Sw. Granskning av utländska direktinvesteringar), published on 1 November 2021, puts forward a proposal for new legislation to address this gap.

The Swedish Government decides on amendments to regulations on cabotage transports

The Swedish Government has now decided to implement changes in the regulations concerning the conditions for foreign hauliers' freight transport in Sweden and the responsibility for customers ordering such transports. The Government's decision was prompted by a judgment from the Court of Appeal over Skåne and Blekinge in case B 3209-20, on 5 May 2021.

Wibeke Sorling appointed as new partner

Commencing 1 January 2022, Wibeke Sorling will become a partner at Vinge’s Gothenburg office.

Arbitration proceedings between a Member State and an investor from another Member State further curtailed – the judgment of the EU Court of Justice in PL Holdings

Following the much debated judgment by the CJEU in Achmea, arbitration clauses in bilateral investment treaties between Member States under which an investor in one of those Member States may bring proceedings against the other Member State are considered incompatible with EU law. However, the judgment in Achmea seemed to leave it open whether an arbitration agreement between a Member State and an investor from another Member State not based on such a clause would be considered acceptable by the CJEU. Yesterday’s ruling by the Court in the Swedish case PL Holdings (Case C-109/20) dealt with one aspect of this question, resulting in further limits to investment arbitration in the EU.

New statute prohibits unfair terms and conditions and practices in conjunction with the purchase of agricultural and food products

The so-called UTP Act prohibits buyers from using certain terms and conditions and practices against suppliers of agricultural and food products. The Swedish Competition Authority exercises supervision and can, among other things, carry out unannounced inspections and order individual to attend formal interviews. In conjunction with violations, sanctions such as injunctions subject to a default fine or a sanction fee of up to one per cent of the buyer’s annual turnover can be imposed. The UTP Act will enter into force on 1 November 2021 and will also be applicable to contracts which are entered into prior to this date.

Vinge employs additional antitrust economists to further strengthen its practice

We welcome Adam Löfquist and Carl Widstrand to our EU, Competition & Regulatory practice group.

European Commission provides sanctions compliance guidance

The European Commission has recently issued three opinions regarding the interpretation of asset freeze provisions in certain sanctions legislation pertaining to Central African Republic, Ukraine, Libya and Syria. The opinions are also of relevance for other sanctions regimes which provide for the same or similar restrictions. Therefore, their practical relevance goes far beyond the sanctions regimes in the context of which they were issued and they therefore provide for helpful guidance regarding the required thresholds for sanctions compliance generally.

Vinge contributing to International Comparative Legal Guides

Vinge’s specialists within Maritime and Transport law have been requested to contribute with a chapter explaining the Swedish legislative framework in relation to maritime law in the International Comparative Legal Guides, ICLG.

New partners and counsels appointed at Vinge’s Stockholm office

Advokat Sofie Bjärtun, advokat Rikard Lindahl, advokat Malin Malm Waerme and advokat Daniel Wendelsson at Vinge’s Stockholm office have been appointed as new partners as of 1 January 2022. The following lawyers have been elected as counsels at Vinge’s Stockholm office: Advokat Stojan Arnerstål, advokat Amanda Knutsson, advokat Jolene Reimerson, advokat Linnéa Sellström and advokat Filip Öhrner.

EU climate taxonomy – New regulations concerning companies’ publication of information

According to the European Union’s climate taxonomy, certain organisations must publish to what extent their operations are environmentally sustainable. In order to clarify what information the companies need to report, as well as how this should be done, the EU Commission has prepared a new delegated regulation. Primarily, the delegated regulation establishes relevant financial key ratios and different report precedents.