Vinge Dude Diligence – for improved gender equality

Vinge’s experts provide an insight into Swedish maritime law in the latest edition of International Comparative Legal Guide – Shipping Law 2022

Vinge’s experts in martime and transport law have again contributed to the Swedish chapter on maritime law in the International Comparative Legal Guides (ICLG).

Sanctions update 22 July

Further to our previous sanctions updates of 25 February, 3 March, 11 March, 16 March , 14 April and June 8, we herewith provide a further update of recent sanctions developments following Russia’s war against Ukraine:

A new EU instrument for international procurement (IPI)

On 17 June 2022, the Council adopted a regulation on a new instrument for international procurement (“IPI”), following the formal adoption of the IPI at the European Parliament plenary session on 9 June 2022. The general objective of the IPI is to create reciprocity in the access to international public procurement markets by enabling the Commission to undertake investigations and adopt measures to open and improve access to third-country public procurement and concession markets.

Vinge top ranked within intellectual property law

Vinge’s IP practice group is once again top ranked in IAM’s annual ranking Patent 1000. Håkan Borgenhäll, Malin Malm Waerme and Stojan Arnerstål also receive individual recommendations.

New Regulation on foreign subsidies – the Council and the EP has reached an agreement

On 30 June, the Council and the European Parliament reached a provisional political agreement on a new Foreign Subsidies Regulation, based on a proposal by the Commission of 5 May 2021.

Updates in labour migration regulation

In February 2022, the Government presented the bill designated as "Tightened and improved rules on labour immigration 2021/22:134". Pursuant to this bill, the Government proposes new rules aimed to discourage the exploitation of labour migrants but also at retaining international expertise in Sweden.

Part-time firefighters have priority right to a higher employment rate AD 2022 No 29

Four firefighters on standby employed according to the so-called RiB agreement, notified their employer - a civil protection union - that they wanted a higher employment rate according to section 25a of the Employment Protection Act. The employer subsequently employed 16 full-time firefighters without offering the firefighters on standby a higher employment rate. The parties agreed that the four firefighters had sufficient qualifications for the full-time vacancies. The Labour Court found that the four firefighters on standby were part-time employees within the meaning of section 25a of the Employment Protection Act and that the employer breached the provision by not offering them any of the vacant full-time jobs.

The Labour Court: Unlawful blockade warning against Russian-linked ships made by Swedish Dockworkers Union AD 2022 No 33

On two occasions, the Swedish Dockworkers Union has warned of a blockade against ships to and from Russia and against Russian-flagged, Russian-owned and Russian-controlled ships that are currently not sailing in Russian ports. The Swedish Dockworkers Union argued that the blockade should be regarded as a lawful industrial action as it was primarily an act of sympathy and in solidarity with, among others, Ukrainian dockworkers. Secondly, the blockade should be considered as a form of legitimate political industrial action. However, the Ports of Sweden disagreed, which the union is bound by a collective bargaining agreement with. Following an application for an interim decision on the matter, the Labour Court found that the Swedish Dockworkers Union had failed to show that it was likely that there was a primary trade union conflict in Ukraine. The blockade could not be regarded as a lawful sympathy act. Furthermore, the Labour Court found that the blockade could not be considered as a form of lawful political industrial action as the blockade lacked the character of a protest and demonstration action due to the period of time the blockade would last and the not insignificant impact it would have on the business management rights for the Ports of Sweden’s member companies.

Changes to the Swedish Employment Protection Act and other labour laws

In recent years, the modernisation and reform of Swedish labour law has been a constant topic in the political debate. Earlier this year, Government Bill 2021/22:176, entitled "Flexibility, adaptability and security in the labour market", was presented. The bill, which is based on an agreement between the social partners, proposes legislative changes to a total of 21 labour laws. On 8 June 2022, the Swedish Parliament voted through the proposal, which will bring major changes to Swedish labour law. The majority of the proposed changes will enter into force on 30 June 2022 and will apply for the first time on 1 October 2022. In this detailed analysis, we will outline the most important changes to the Employment Protection Act (1982:80) ("EPA") and the Agency Work Act (2012:854).

New partners and counsel appointed at Vinge’s Malmö and Stockholm offices

Advokat Daniel Daun and advokat Victor Ericsson at Vinge’s Malmö and Stockholm offices respectively have been appointed as new partners as of 1 January 2023. Jacob Jeanrond, Caroline Krassén, Henrik Schön, Maria Dahlin Kolvik, Sara Strandberg and Linn Adelwald have been elected as counsel at Vinge’s Stockholm office.

COP26 - a step in the right direction to achieve the Paris Agreement goals

On 13 November 2021, the two-week international climate summit COP26, held in Glasgow, UK, was concluded after leaders from over 190 countries agreed on a new deal, the so-called Climate Pact in Glasgow. The aim of COP26 was for leaders from around the world to agree on how to step up global action to tackle the climate crisis. The agreement, which will set the global average temperature increase at between 1.8 and 2.4 degrees Celsius, is a step towards achieving the Paris Agreement's (COP21) more ambitious target of a maximum increase of 1.5 degrees.

The EU Court of Justice dismisses Belgium’s request in Opinion 1/20, but points out that the dispute settlement mechanism of ECT is not applicable to ‘intra-EU disputes’

The Energy Charter Treaty (ECT) is under renegotiation. Its Article 26, which provides a dispute settlement mechanism, has however not been announced as being subject to such renegotiations. On 2 December 2020, Belgium submitted a request to the EU Court of Justice (CJEU) for an opinion on whether the dispute settlement mechanism of the draft ECT, assuming it remains unchanged, could be interpreted as allowing its application intra-European Union, i.e. between an EU Member State and an investor who is a national of another Member State, and whether this would be compatible with the EU Treaties, in particular Article 19 TEU on the role of the CJEU and Article 344 TFEU on the autonomy of EU law.

Double win for Vinge at MIP Awards

As the only Swedish law firm, Vinge has won two awards at the Managing IP Awards 2022. Vinge was awarded Trademark Contentious Firm of the Year and Copyright and Design Firm of the Year.

Sanctions update June 8

Further to our previous sanctions updates of 25 February, 3 March, 11 March, 16 March and 14 April we herewith provide a further update of recent sanctions developments following Russia’s war against Ukraine:

New law on electronic communication

On 3 June 2022, the new Electronic Communications Act (the “New ECA”) entered into force. On the same day, the new Electronic Communications Ordinance, as well as several regulations from the Swedish Post and Telecom Authority, entered into force. On 1 August, regulations from the Swedish Post and Telecom Authority regarding security of networks and services are expected to enter into force.